reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter C - EXPECTATIONS OF TWC AND MANAGERS › Section 854.40 - Fixtures, Furnishings, and Equipment; Initial Inventory; and Expendables

Current through Reg. 49, No. 28; July 12, 2024
(a) Survey. When a BET facility becomes
				  available for assignment, Agency staff shall conduct a survey of the site to
				  determine the fixtures, furnishings, and equipment required to allow the
				  facility to operate in accordance with projections by Agency staff of the
				  potential business model for the facility. When the facility is an existing
				  one, the survey shall consider the need for replacement or repair of fixtures,
				  furnishings, and equipment.
(b)
				  Facility plan. Agency staff shall prepare a detailed listing of the
				  requirements for fixtures, furnishings, and equipment for the facility,
				  including specifications for each item required and a site plan of the facility
				  depicting the placement of the fixtures, furnishings, and equipment within the
				  facility. The facility shall be consistent with local ordinances as well as
				  state and federal requirements.
(c)
				  Acquisition, placement, and installation. When satisfied with the plan for the
				  fixtures, furnishings, and equipment required for the facility, Agency staff
				  shall procure the necessary fixtures, furnishings, and equipment to be placed
				  or installed in the facility in accordance with the approved plans. The Agency
				  may also purchase necessary fixtures, furnishings, and equipment for placement
				  away from the facility for off-site storage.
(d) Ownership.
(1) All state fixtures, furnishings, and
				  equipment within the facility shall at all times remain the property of the
				  State of Texas. The facility manager's use of all such fixtures, furnishings,
				  and equipment shall be as a licensee only and in accordance with the BET
				  Equipment Loan Agreement.
(2) The
				  Agency shall have the sole authority to direct, control, transfer, and dispose
				  of the fixtures, furnishings, and equipment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter C - EXPECTATIONS OF TWC AND MANAGERS › Section 854.41 - Set-Aside Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency requires
				  managers to pay a set-aside fee based on the monthly net proceeds of their BET
				  facilities. The purposes of requiring this payment are:
(1) to promote to the greatest possible
				  extent the concept of a manager being an independent business
				  individual;
(2) to cause BET to be
				  to the greatest extent possible, self-supporting;
(3) to encourage and stimulate growth in BET;
				  and
(4) to provide incentives for
				  the increased employment opportunities for blind individuals physically present
				  in Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter C - EXPECTATIONS OF TWC AND MANAGERS › Section 854.42 - Duties and Responsibilities of Managers

Current through Reg. 49, No. 28; July 12, 2024
(a) Managers shall comply with applicable
				  law, the rules contained in this chapter, written agreements with hosts, the
				  BET assignment, the requirements of the BET manual, and instruction by BET
				  staff.
(b) Managers shall comply
				  with procedures prescribed by the Comptroller of Public Accounts for the
				  payment of sales taxes and provide evidence to the Agency of timely sales tax
				  remittances.
(c) Managers shall not
				  engage in conduct that demonstrably jeopardizes the Agency's right, title, and
				  interest in the BET facility, its equipment, or the lease or agreement with the
				  property managers.
(d) While
				  managing or present at their assigned BET facility, managers shall dress and
				  act in an appropriate manner consistent with the environment in which they are
				  operating, health and safety regulations, and anti-discrimination provisions
				  under §
										854.11(h)
				  of this title (relating to General Policies).
(e) Managers shall open a commercial business
				  account in which they maintain sufficient funds to operate the BET
				  facility.
(f) Managers shall hire
				  sufficient employees to ensure the efficient operation of the BET facility and
				  to provide satisfactory service to customers. If the facility is remodeled or
				  if operational areas change, the manager must have sufficient employees on hand
				  for the necessary shutdown and reopen cleanup.
(g) Managers shall be actively engaged in the
				  management of a BET facility and be actively working the number of hours
				  necessary to achieve satisfactory operation of the facility. With prior notice
				  from the Agency, managers shall be available for all necessary visits to the
				  facilities for advice, consultation, and inspections of the facility. If the
				  business is closed for remodel or improvement, the manager shall be available
				  for the opening, closing, and overall security of the business and
				  assets.
(h) Managers shall take
				  appropriate actions to correct deficiencies noted on BET facility audits or
				  reviews within seven business days.
(i) Managers shall provide satisfactory
				  service to the BET facility host and customers.
(j) Managers shall notify the Agency in
				  advance if they intend to be absent from their assigned facility for more than
				  two days.
(k) Managers shall
				  provide BET staff with the following information and shall notify BET staff of
				  changes to any item no more than 10 business days after a change occurs:
(1) the BET facility telephone
				  number;
(2) a mailing address and
				  an e-mail address;
(3) a phone
				  number for use in emergencies; and
(4) the manager's preferred accessibility
				  format.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter C - EXPECTATIONS OF TWC AND MANAGERS › Section 854.43 - Responsibilities of the Texas Workforce Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Management services. The Agency shall
				  provide each manager with regular and systematic management services, which
				  shall, at a minimum, include:
(1)
				  explanations of Agency rules, procedures, policies, and standards;
(2) recommendations on how the facility can
				  be made more profitable for the manager;
(3) techniques to develop positive
				  relationships with customers, assistants, and management of the host
				  organization;
(4) possible
				  solutions to problems recognized by the manager or brought to the manager's
				  attention by Agency staff or the facility host;
(5) continuing education and training courses
				  and opportunities for managers designed to enhance skills, productivity, and
				  profitability; and
(6) information
				  about laws, rules, and regulations affecting the operation of a BET
				  facility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter D - BET ELECTED COMMITTEE OF MANAGERS › Section 854.60 - BET Elected Committee of Managers' Duties and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. The Elected Committee of
				  Managers (ECM) is created and shall operate under
				  20
				  USC §
											107b(1) of
				  Chapter 6A of Title 20, known as the Randolph-Sheppard Act.
(b) Relationship to the Agency. ECM shall be
				  presumed as the sole representative of all licensees to the Agency in matters
				  contained in the Randolph-Sheppard Act and implementing regulations requiring
				  the active participation of the ECM. Active participation means an ongoing
				  process of good-faith negotiations between ECM and the Agency in the
				  development of BET policies and procedures before implementation. The Agency
				  shall have the ultimate responsibility for the administration and operation of
				  all aspects of BET and has final authority in decisions affecting
				  BET.
(c) Relationship to licensees.
(1) It shall be the sole responsibility of
				  the licensees who elect the members of ECM to ensure that the individuals
				  elected represent all licensees.
(2) ECM shall, in addition to all other
				  matters set forth in this subchapter or by law or regulation affecting the
				  administration of BET, act as an advocate for licensees and shall strive to
				  improve and expand BET and make it profitable and successful to the greatest
				  extent possible for the mutual benefit of the Agency and of the legally blind
				  individuals physically present in Texas who participate in the
				  program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter D - BET ELECTED COMMITTEE OF MANAGERS › Section 854.61 - BET Elected Committee of Managers' Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) The ECM representative shall immediately
				  disclose any conflict of interest to all parties and shall withdraw from all
				  matters related to the conflict. Final determination of a conflict of interest
				  shall be made by the Agency.
(b)
				  The ECM representative shall not use the position for private gain or act in a
				  manner that creates the appearance of impropriety.
(c) The ECM representative may not vote or
				  make recommendation on any BET promotion or transfer matter that would provide
				  direct financial benefit to the ECM representative individually or the ECM
				  representative's immediate family or on matters of the provision of services by
				  the member or the entity the member represents.
(d) Before a discussion, vote,
				  recommendation, or decision on any promotion or transfer matter before ECM, if
				  a representative or an individual in the immediate family of such
				  representative has a substantial interest in the assignment being considered,
				  that ECM representative shall disclose the nature and extent of the interest or
				  relationship and shall abstain from voting or making a recommendation on or in
				  any other way participating in the decision on the matter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter E - ACTION AGAINST A LICENSE › Section 854.80 - Termination of License for Reasons Other Than Unsatisfactory Performance

Current through Reg. 49, No. 28; July 12, 2024
(a) Causes for termination. The license of a
				  licensee shall be terminated upon the occurrence of any one of the following:
(1) The licensee's visual acuity is improved
				  by any means to the point at which the licensee no longer satisfies the
				  definition of legally blind.
(2)
				  The licensee becomes otherwise permanently disabled and as a result of such
				  permanent disability is unable to perform the essential functions of operating
				  and maintaining a BET facility with or without reasonable accommodations. Being
				  permanently disabled is having a condition that is medically documented and has
				  existed or is expected to exist for at least 12 months. The determination of
				  permanently disabled shall be made by the VRD director or designee after review
				  of medical documentation and other information relevant to the issue. Other
				  information relevant to the issue shall include recommendations from Agency
				  staff and ECM, pertinent information from the licensee's BET file or provided
				  by the licensee, and reports of examinations or evaluations, if any, obtained
				  by the Agency and the licensee.
(3)
				  The licensee is unassigned and has not accepted assignment offers or applied
				  for an assignment when facilities are available for a period of six consecutive
				  months. The six-month deadline may be extended by periods of 30 days when
				  facilities are not available for assignment. Any unassigned period of 12 months
				  or more requires retraining for the licensee to become eligible to bid for, or
				  be assigned to, available facilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter E - ACTION AGAINST A LICENSE › Section 854.82 - Procedures for Resolution of Manager's Dissatisfaction

Current through Reg. 49, No. 28; July 12, 2024
(a) Appealable actions. This section provides
				  the procedures for licensees who are dissatisfied with the Agency's action
				  arising from the operation of BET.
(b) Actions not subject to appeal. The phrase
				  "the Agency's action arising from the operation of BET" in subsection (a) of
				  this section does not include the Agency's hiring, firing, or discipline of
				  Agency employees.
(c) Remedies.
				  Remedies available to resolve dissatisfaction shall correct the action
				  complained of from the earlier time of:
(1)
				  agreement by the parties about an appropriate remedy; or
(2) a final resolution under the
				  Randolph-Sheppard Act that the Agency acted in violation of applicable law,
				  this subchapter, the requirements of the BET manual, or any instruction by
				  Agency personnel, or acted unreasonably.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter E - ACTION AGAINST A LICENSE › Section 854.83 - Establishing and Closing Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Establishing facilities. On its own initiative, at the request of an agency
				  that controls federal or state property, of the ECM, or of a private
				  organization, the Agency shall survey the property, blueprints, or other
				  available information concerning the property to determine whether the
				  installation of a BET facility is feasible and consonant with applicable laws
				  and regulations and with VRD objectives. If the installation of a BET facility
				  is determined to be feasible, the Agency shall proceed to develop plans for the
				  establishment of a facility in accordance with procedures promulgated and
				  implemented by Agency staff and, when the facility is developed, shall assign a
				  manager to the facility.
(b)
				  Closing facilities. Except for temporary closings by Agency staff, no BET
				  facility shall be closed by the Agency until both of the following have
				  occurred:
(1) The BET director has certified
				  to the VRD director that the facility is no longer a feasible or viable BET
				  facility and provides reasons for that opinion.
(2) The VRD director has approved the
				  proposed closing of the facility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter A - PROGRAM AND PURPOSE › Section 856.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Vocational Rehabilitation Services Program is a joint
					 state- and federal-funded program administered by the Agency's Vocational
					 Rehabilitation Division (VRD) to assess, plan, develop, and provide vocational
					 rehabilitation services for eligible individuals with disabilities, consistent
					 with their unique strengths, resources, priorities, concerns, abilities,
					 capabilities, interests, and informed choice so that these individuals can
					 prepare for and engage in competitive integrated employment and achieve
					 economic self-sufficiency. The Vocational Rehabilitation Services Program seeks
					 to empower individuals with disabilities to maximize employment, economic
					 self-sufficiency, independence, and inclusion in and integration into society.
					 In accordance with the Rehabilitation Act of 1973, as amended, VRD is the
					 single designated state unit for the Vocational Rehabilitation Services
					 Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter A - PROGRAM AND PURPOSE › Section 856.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions contained in Texas Labor
					 Code, §
										352.001 and
					 34 Code of Federal
					 Regulations §361.5, the following words and terms, when used in this
					 chapter, shall have the following meanings.
(1) Academic training--A postsecondary
				  program of organized instruction or study that may lead to an academic,
				  professional, or vocational degree, certificate, or other recognized
				  educational credential. Academic training does not include continuing education
				  required for maintaining certification in a field in which the customer is
				  already gainfully employed.
(2)
				  Applicant--An individual who applies to the Vocational Rehabilitation Division
				  for vocational rehabilitation services.
(3) Blind--An individual having not more than
				  20/200 visual acuity in the better eye with correcting lenses or visual acuity
				  greater than 20/200 but with a limitation in the field of vision such that the
				  widest diameter of the visual field subtends an angle no greater than 20
				  degrees.
(4) Customer--An
				  individual with a disability who has applied for or is receiving vocational
				  rehabilitation services.
(5)
				  Visually Impaired--A visual acuity of not more than 20/70 in the better eye
				  with correcting lenses, or visual acuity greater than 20/70 but with a
				  limitation in the field of vision such that the widest diameter of the visual
				  field subtends an angle no greater than 30 degrees.
(6) Vocational rehabilitation counselor--An
				  Agency employee who is trained to provide vocational guidance and counseling
				  and meets the minimum qualifications designated in a functional job
				  description.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter A - PROGRAM AND PURPOSE › Section 856.4 - Statewideness

Current through Reg. 49, No. 28; July 12, 2024
The state plan for vocational rehabilitation services is
					 effective in all political subdivisions of the state.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter A - PROGRAM AND PURPOSE › Section 856.5 - Consultation Regarding the Administration of the State Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The state plan must ensure that, in
				  connection with developing and administering general policy in the
				  administration of the state plan, VRD seeks and takes into account the views
				  of:
(1) individuals who receive vocational
				  rehabilitation services or, as appropriate, the individuals'
				  representatives;
(2) personnel
				  working in the field of vocational rehabilitation;
(3) providers of vocational rehabilitation
				  services;
(4) the Client Assistance
				  Program (CAP) director; and
(5) the
				  Rehabilitation Council of Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.19 - Application

Current through Reg. 49, No. 28; July 12, 2024
An individual is considered to have submitted an
					 application when the individual or the individual's representative, as
					 appropriate:
(1) has completed and
				  signed the VRD application form or has otherwise requested services;
(2) has provided the information necessary to
				  initiate an assessment to determine eligibility and priority for services;
				  and
(3) is available to complete
				  the assessment process.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.20 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The Vocational Rehabilitation Division
				  (VRD) bases eligibility for vocational rehabilitation (VR) services on the
				  following requirements only.
(b)
				  Within 60 days of application, a VR counselor must:
(1) determine that the applicant has a
				  physical or mental impairment;
(2)
				  determine that the impairment constitutes or results in a substantial
				  impediment to employment for the applicant;
(3) establish that the applicant requires VR
				  services to prepare for, secure, retain, advance in, or regain employment that
				  is consistent with the applicant's unique strengths, resources, priorities,
				  concerns, abilities, capabilities, interests, and informed choice;
				  and
(4) presume that the applicant
				  is capable of achieving an employment outcome unless there is a demonstration
				  by clear and convincing evidence in trial work that the applicant is incapable
				  of achieving an employment outcome because of the severity of the applicant's
				  disability.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.21 - Prohibited Factors

Current through Reg. 49, No. 28; July 12, 2024
(a) VRD does not
				  impose, as part of determining eligibility under this subchapter, a
				  duration-of-residence requirement that excludes from services any applicant who
				  is present in the state.
(b) In
				  determining eligibility under this subchapter, VRD ensures that:
(1) No applicant or group of applicants is
				  excluded or found ineligible solely on the basis of the type of disability;
				  and
(2) The eligibility
				  requirements are applied without regard to the:
(A) age, sex, race, color, or national origin
				  of the applicant;
(B) type of
				  expected employment outcome;
(C)
				  source of referral for vocational rehabilitation services;
(D) particular service needs or anticipated
				  cost of services required by an applicant or the income level of an applicant
				  or applicant's family;
(E)
				  applicants' employment history or current employment status; and
(F) applicants educational status or current
				  educational credential.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.22 - Trial Work

Current through Reg. 49, No. 28; July 12, 2024
(a) Trial work is used
				  only to determine whether an applicant with a significant disability is capable
				  of achieving an employment outcome.
(b) VRD provides only the vocational
				  rehabilitation services necessary to determine if the applicant is capable of
				  achieving an employment outcome. Services are provided in the most integrated
				  setting possible, consistent with the informed choice of the
				  applicant.
(c) VRD may terminate
				  trial work services when:
(1) there is
				  sufficient evidence to conclude that the applicant can achieve an employment
				  outcome;
(2) the applicant is found
				  ineligible for any additional vocational rehabilitation services on the basis
				  of clear and convincing evidence that the applicant cannot be expected to
				  benefit in terms of an employment outcome from vocational rehabilitation
				  services; or
(3) the applicant is
				  unavailable for services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.23 - Determination of Ineligibility

Current through Reg. 49, No. 28; July 12, 2024
When an applicant is determined ineligible for vocational
					 rehabilitation services or a customer receiving services under an
					 individualized plan of employment (IPE) is no longer eligible for services, VRD
					 must:
(1) make the determination only
				  after providing an opportunity for full consultation with the individual or the
				  individual's representative, as appropriate;
(2) inform the individual in writing of the
				  ineligibility determination. The written determination, to be supplemented as
				  necessary by other appropriate modes of communication consistent with the
				  individual's informed choice, must include the reasons for that determination
				  and the means by which the individual may express and seek remedy for any
				  dissatisfaction, including the procedures for review of a determination by the
				  VR counselor;
(3) provide the
				  individual with a description of services available from the Client Assistance
				  Program established under 34 CFR Part 370 and information on how to contact
				  that program;
(4) refer the
				  individual to:
(A) other programs that are
				  part of the One-Stop service delivery system under the Workforce Innovation and
				  Opportunity Act that can address the individual's training or
				  employment-related needs; or
(B)
				  local extended employment providers if the ineligibility determination is based
				  on a finding that the individual is incapable of achieving, or has chosen not
				  to pursue, an employment outcome; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.24 - Case Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) VRD closes a case
				  when the customer's rehabilitation plan has been completed and the customer has
				  achieved and maintained continuous employment commensurate with the established
				  employment outcome for a minimum of 90 days. VRD closes the case sooner if:
(1) VRD is unable to locate or contact the
				  customer;
(2) the customer's
				  disability is so severely limiting that there is little chance the customer can
				  be vocationally rehabilitated, as demonstrated by clear and convincing evidence
				  in trial work, or the customer's medical condition is expected to progress to
				  such a severely limiting degree in a fairly short period that rehabilitation
				  services will be of little or no help;
(3) the customer has refused services or
				  further services;
(4) the customer
				  has died;
(5) the customer has been
				  institutionalized;
(6) the customer
				  has been determined to have no disabling condition;
(7) the customer has refused to cooperate
				  with VRD;
(8) transportation is not
				  feasible or available;
(9) the
				  customer has been determined to have no impediment to employment;
(10) extended services for supported
				  employment are not available;
(11)
				  the customer has chosen extended employment (for example, sheltered workshop);
				  or
(12) the customer's case has
				  been Transferred to another agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.40 - Provision of Goods and Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Vocational Rehabilitation Division, as appropriate to the vocational
				  rehabilitation needs of each eligible individual, provides goods and services
				  necessary to render a customer employable, subject to certain limitations
				  prescribed in this subchapter and Subchapters D and E of this chapter (relating
				  to Customer Participation; and Comparable Benefits).
(b) Services are provided only as planned in
				  advance and set forth in the customer's individualized plan for employment
				  (IPE). The IPE must be designed to achieve a specific employment outcome that
				  is selected by the individual consistent with the individual's unique
				  strengths, resources, priorities, concerns, abilities, capabilities, interests,
				  and informed choice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.41 - Comprehensive Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) After a
				  customer has been determined eligible for vocational rehabilitation services,
				  the Vocational Rehabilitation Division (VRD) conducts assessments using the
				  criteria in subsection (b) of this section for vocational rehabilitation needs
				  and, if necessary, rehabilitation technology needs for each customer in order
				  to develop an individualized plan for employment (IPE) that is designed to
				  achieve the customer's employment outcome.
(b) To determine the appropriate employment
				  outcome and services required to achieve it, VRD, as appropriate in each case,
				  may conduct an assessment of the customer's unique strengths, resources,
				  priorities, concerns, abilities, capabilities, interests, and needs, including
				  the need for supported employment services, in the most integrated setting
				  possible, consistent with the informed choice of the customer.
(c) The assessment is limited to information
				  that is necessary to identify the customer's rehabilitation needs and develop
				  the IPE and may, to the extent needed, include:
(1) an analysis of medical, psychological,
				  vocational, educational, and other related factors that bear on the customer's
				  impediment to employment and rehabilitation needs. Additional examinations are
				  authorized after services are initiated when conditions arise that jeopardize
				  the customer's IPE;
(2) an analysis
				  of the customer's personality, career interests, interpersonal skills,
				  intelligence and related functional capacities, educational achievement, work
				  experience, vocational aptitudes, personal and social adjustments, and
				  employment opportunities;
(3) an
				  appraisal of the customer's patterns of work behavior and services needed to
				  acquire occupational skills and to develop work attitudes, work habits, work
				  tolerance, and social and behavioral patterns suitable for successful job
				  performance; and
(4) an assessment,
				  through provision of rehabilitation technology services, of the customer's
				  capacities to perform in a work environment, including in an integrated
				  setting, to the maximum extent feasible and consistent with the customer's
				  informed choice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.50 - Post-Employment Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The Vocational
				  Rehabilitation Division may provide post-employment services to customers in
				  order to maintain or strengthen the customer's employment. A customer may be
				  considered for post-employment services if he or she has an employment-related
				  problem that does not entail a complex rehabilitation effort or address a new
				  and distinct substantial impediment to employment.
(b) Post-employment services are services
				  that are necessary for the customer to maintain, regain, or advance in an
				  employment outcome that is consistent with the customer's strengths, resources,
				  priorities, concerns, abilities, capabilities, interests, and informed
				  choice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.53 - Customers Determined to Have Achieved Employment Outcome

Current through Reg. 49, No. 28; July 12, 2024
(a) The Vocational Rehabilitation Division
				  (VRD) determines a customer to have achieved an employment outcome when the
				  following requirements are met:
(1) the
				  provision of services under the customer's individualized plan for employment
				  (IPE) has contributed to the achievement of the employment outcome;
(2) the customer has achieved the employment
				  outcome that is described in the customer's IPE and that is consistent with the
				  customer's strengths, resources, priorities, concerns, abilities, capabilities,
				  interests, and informed choice;
(3)
				  the employment outcome is in an integrated setting;
(4) the customer has maintained the
				  employment outcome for at least 90 days; and
(5) the customer and the vocational
				  rehabilitation counselor consider the employment outcome to be satisfactory and
				  agree that the customer is performing well on the job.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter B - ELIGIBILITY AND PROVISION OF SERVICES › Section 856.56 - Assistive Technology Devices

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Assistive technology devices are purchased only after evaluation of the
				  customer's need. Simple and less expensive alternatives must be considered
				  first.
(b) The customer must return
				  to the Vocational Rehabilitation Division any assistive technology device no
				  longer needed for training, employment, or pursuit of employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.42 - Counseling, Guidance, and Referral

Current through Reg. 49, No. 28; July 12, 2024
VRD provides counseling, guidance, and referral services as
					 necessary for the customer's vocational rehabilitation. Counseling is a process
					 in which a VR counselor works with the customer to help the customer understand
					 both problems and vocational potential. Counseling is a continuous process
					 throughout the rehabilitation program to help the customer make the best
					 possible vocational, personal, and social adjustment. Referral means referral
					 of the customer to other agencies for assistance not available from
					 VRD.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.43 - Physical Restoration Services

Current through Reg. 49, No. 28; July 12, 2024
VRD provides physical restoration services that are
					 necessary to correct or substantially modify the customer's physical condition
					 within a reasonable period. The physical conditions for which the services are
					 rendered must be stable or slowly progressive.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.44 - Mental Restoration Services

Current through Reg. 49, No. 28; July 12, 2024
(a) VRD
				  provides mental restoration services for mental conditions that are stable or
				  slowly progressive.
(b) VRD
				  provides psychiatric treatment as a limited service on a short-term basis only
				  to support achievement of the employment outcome.
(c) VRD provides psychotherapy as a limited
				  service on a short-term basis only to support achievement of the employment
				  outcome.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.46 - Maintenance

Current through Reg. 49, No. 28; July 12, 2024
VRD may pay maintenance to the customer. Maintenance is a
					 payment to the customer made during any stage of the rehabilitation process to
					 cover basic living expenses, such as food, shelter, clothing, and other
					 subsistence expenses that are in excess of the customer's normal expenses, and
					 are necessary for the customer to derive the full benefit of other vocational
					 rehabilitation services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.47 - Transportation

Current through Reg. 49, No. 28; July 12, 2024
VRD may pay for transportation services for the customer in
					 connection with other vocational rehabilitation services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.48 - Services for Customers Who Are Deaf, Hard of Hearing, or Deafblind

Current through Reg. 49, No. 28; July 12, 2024
(a) VRD may provide interpreter services for
				  a customer who is deaf, hard of hearing, or deafblind when the services will
				  help the customer to attain the employment outcome.
(b) VRD may provide telecommunications,
				  sensory, and other technological aids and devices to facilitate training,
				  employability, and job opportunities for customers with significant
				  disabilities, particularly customers who are deaf, deafblind, or have profound
				  hearing or speech impairments.
(c)
				  When delivering interpreter services, note-taking services, or tactile
				  interpreting to individuals who are deaf, hard of hearing, or deafblind, VRD
				  uses interpreters, if available, certified by one of the following:
(1) Texas Health and Human Services
				  Commission, Board for Evaluation of Interpreters; or
(2) The Registry of Interpreters for the
				  Deaf.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.49 - Job Development, Placement and Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) The principal objective of vocational
				  rehabilitation services is a competitive integrated employment outcome for each
				  customer that is consistent with the individual's strengths, resources,
				  priorities, concerns, abilities, capabilities, interests, and informed
				  choice.
(b) Employment outcomes
				  include entering, advancing in, or retaining full-time or, if appropriate,
				  part-time competitive employment in the integrated labor market; supported
				  employment; or any other type of employment in an integrated setting, including
				  self-employment, telecommuting, or business ownership.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.51 - Occupational Licenses, Tools, Equipment, Initial Stocks, and Supplies

Current through Reg. 49, No. 28; July 12, 2024
(a) VRD may engage in or contract for
				  activities to provide the customer with occupational licenses, including any
				  license, permit, or other written authority that a state, city, or other
				  governmental unit requires an individual to obtain before entering an
				  occupation or self-employment.
(b)
				  VRD may provide the customer with tools, equipment, initial stocks, goods, and
				  supplies necessary to enter an occupation or self-employment.
(c) Customers must safeguard and maintain in
				  a serviceable condition nonconsumable supplies, tools, and equipment and will
				  not sell, give away, or otherwise wrongfully dispose of them.
(d) The customer must sign a prescribed form
				  agreeing to the terms of subsection (c) of this section at the time that the
				  customer receives tools and equipment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.54 - Services to Family Members

Current through Reg. 49, No. 28; July 12, 2024
(a) VR
				  services are provided to family members only if without the services the
				  applicant or customer would be unable to begin or continue the rehabilitation
				  program, and the customer's employment would be unnecessarily delayed or could
				  not be achieved.
(b) Only family
				  members whose receipt of services would further the applicant's or customer's
				  vocational adjustment or rehabilitation may receive services.
(c) Family member, for purposes of receiving
				  vocational rehabilitation services in accordance with this section, means an
				  individual:
(1) who either:
(A) is a relative or guardian of the
				  applicant or customer; or
(B) lives
				  in the same household as the applicant or customer;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.55 - Reader Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Reader
				  services are available only to customers who are blind and who are receiving
				  vocational or academic training.
(b) The customer must use all other available
				  reading sources to the greatest extent possible before seeking reimbursement
				  from VRD for reader services.
(c)
				  The maximum amount allowed per month for reader services is calculated
				  according to the number of semester hours the customer is taking, whether
				  during a fall, spring, or summer semester, and whether the customer is an
				  undergraduate or graduate student. The rate of reimbursement is available from
				  any VRD office during business hours.
(d) VRD does not pay for reader services
				  rendered by a member of the customer's family.
(e) To receive reimbursement for reader
				  services, the customer must submit the information required by VRD using the
				  prescribed form.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter C - RATES FOR MEDICAL SERVICES › Section 856.57 - Alternative Purchasing Methods - Rates for Medical Services

Current through Reg. 49, No. 28; July 12, 2024
Under Texas Labor Code, §
										352.054, this section sets
					 forth the standards governing the determination of rates paid for medical
					 services provided by the Agency. The rates determined under these standards are
					 reevaluated annually:
(1) Rates shall
				  be established based on Medicare and Medicaid schedules for current procedural
				  terminology. Where Medicare and Medicaid schedules are not applicable, rates
				  that represent best value shall be established based on factors that include
				  reasonable and customary industry standards for each specific
				  service.
(2) Rates shall be
				  established at a level adequate to ensure that enough qualified providers are
				  available to provide assessment and treatment within a geographic distribution
				  that reflects customer or claimant distribution.
(3) Notification of the proposed schedule of
				  rates shall be published in the
Texas Register
to allow
				  interested persons to present comments to the Agency before the rates are
				  established.
(4) After the
				  reevaluation process is completed in accordance with the requirements in
				  paragraphs (1) and (2) of this section, the Agency's executive director or
				  deputy executive director may establish the rates for medical
				  services.
(5) Exceptions to
				  established rates may be made on a case-by-case basis by the Vocational
				  Rehabilitation counselor after consultation with the Agency's medical director
				  or optometric consultant. Exceptions contrary to the Agency's medical
				  director's or optometric consultant's recommendation require approval by the
				  Vocational Rehabilitation Division (VRD) deputy director or VRD
				  director.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter D - CUSTOMER PARTICIPATION › Section 856.59 - Purpose of Customer Participation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Establishing customer participation in service costs encourages customer
				  commitment to an employment outcome, creates a cooperative relationship between
				  the customer and the Vocational Rehabilitation Division (VRD), and maximizes
				  VRD's limited funds.
(b) VRD may
				  require customers to participate in the cost of services based on financial
				  need, unless the customer is a recipient of Social Security benefits, either
				  Supplemental Security Income or Social Security Disability Insurance.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter D - CUSTOMER PARTICIPATION › Section 856.60 - Basic Living Requirements (BLR)

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of basic living requirements
				  (BLR) is to establish a framework for determining whether the customer should
				  pay any of the service cost. VRD does not consider BLR in determining
				  eligibility for vocational rehabilitation services, but VRD does apply BLR to
				  determine whether the customer must contribute to the cost of certain services.
				  VRD applies BLR uniformly to ensure that all customers in similar circumstances
				  receive equitable treatment.
(b)
				  All services are subject to required customer participation except for the
				  following:
(1) services paid for, or
				  reimbursed by, a source other than VRD;
(2) counseling, guidance, and referral
				  provided by VRD;
(3) employment
				  assistance services provided by VRD;
(4) diabetes education training;
(5) VR teacher services (including consumable
				  supplies);
(6) orientation and
				  mobility services;
(7) assessment
				  services, to determine eligibility and rehabilitation needs;
(8) interpreter services;
(9) reader services;
(10) translator services;
(11) personal assistant services;
				  and/or
(12) job-related services:
				  job placement, services leading to supported employment, and job coach
				  services.