reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.207 - Suspension of Day Activity and Health Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The DAHS facility must suspend services
				  before the end of the prior approval period if one or more of the circumstances
				  specified in paragraphs (1) - (10) of this subsection occur:
(1) the client leaves the state or moves
				  outside the geographic area served by the DAHS facility;
(2) the client dies;
(3) the client is admitted to a hospital,
				  nursing home, state school, or state hospital;
(4) the client requests that services
				  end;
(5) the physician requests
				  that services end;
(6) the Health
				  and Human Services Commission (HHSC) denies the client's Medicaid/Title XX
				  eligibility;
(7) DADS enforces
				  sanctions against the DAHS facility by terminating the contract;
(8) the client threatens the health and
				  safety of himself or others;
(9)
				  the client is absent from the DAHS facility for 15 consecutive days;
(10) the client becomes ineligible for
				  Medicaid. Each month the DAHS facility must verify that a client has a current
				  HHSC Medical Care Identification Card.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.207 - Suspension of Day Activity and Health Services

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.208 - Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  client becomes ill or injured at the DAHS facility, the director/nurse must
				  notify a relative or other responsible person the same day of the occurrence.
				  Clients with communicable diseases cannot attend the DAHS facility until the
				  physician has released the client. Examples of communicable disease are lice
				  and scabies.
(b) No later than the
				  first DADS workday after becoming aware of changes in the client's status or
				  condition, the DAHS facility must verbally notify the caseworker or staff in
				  the caseworker's office about any change that may require a change in the
				  client's plan of care, units, or service termination. The DAHS facility must
				  follow up this verbal notification in writing, to the caseworker, using DADS'
				  Case Information form. Written notification must occur within seven days after
				  verbal notification.
(c) If a
				  client is absent from a regularly scheduled program, DAHS facility staff must
				  contact the client or someone knowledgeable about his condition the same day
				  that the absence occurs. If DAHS facility staff are unable to contact the
				  client or someone knowledgeable about his condition, staff document this in the
				  client's record.
(d) The DAHS
				  facility must verbally notify DADS by the next DADS workday and in writing
				  within seven days after verbal notification of the following changes in DAHS
				  facility operations:
(1) change in operation,
				  telephone number, and location of administrative office;
(2) change in hours of operation;
				  and
(3) change in director,
				  activities director, nurse, or membership of governing board.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.208 - Notifications

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.209 - Record Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Personnel records. The DAHS facility must keep personnel records in a central
				  location in the DAHS facility. Personnel records include staff qualifications,
				  performance reports, attendance, and staff development records. The DAHS
				  facility must maintain these documents and records according to the retention
				  requirements. The DAHS facility must document staff coverage for days when
				  regular staff are away from the DAHS facility on sick or vacation
				  leave.
(b) Attendance records. The
				  DAHS facility must use DADS forms to maintain a daily record of attendance and
				  transportation to and from the DAHS facility, including the time each client
				  began receiving services and the time he left the DAHS facility's care. If
				  transportation is provided by the DAHS facility, driver's transportation
				  records must be used. Arrival and departure times must be documented for
				  clients not using DAHS facility-provided transportation.
(c) Transportation records. The DAHS facility
				  driver must maintain accurate daily transportation and mileage records, and
				  records of expenses for purchase of gas and oil.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.209 - Record Maintenance

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.210 - Financial Errors

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  the absence of acceptable secondary documentation, financial errors include the
				  errors described in this section.
(1) The
				  DAHS facility is reimbursed for services, but DADS Daily Attendance and Daily
				  Transportation Record form is missing for the period for which services are
				  reimbursed. DADS applies the error to the total number of units reimbursed for
				  the billing period.
(2) The DAHS
				  facility is reimbursed for units that exceed the units recorded on DADS Daily
				  Attendance and Daily Transportation Record form. DADS applies the error to the
				  total number of units reimbursed in excess of the units recorded.
(3) The DAHS facility is reimbursed for units
				  of service and the client did not receive services or was Medicaid ineligible
				  (not applicable to Title XX clients). DADS applies the error to the total
				  number of units reimbursed for the days the client did not receive services or
				  was Medicaid ineligible.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.210 - Financial Errors

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.211 - Billing and Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  method of payment is a unit of authorized service and is defined as half a day.
				  One unit of service constitutes three hours but less than six hours of covered
				  services provided by the DAHS facility. Six hours or more of service
				  constitutes two units of service. Time spent in approved transportation
				  provided by the DAHS facility shall be counted in the unit of
				  service.
(b) The DAHS facility is
				  not entitled to payment if:
(1) the DAHS
				  facility fails to submit prior approval forms or supporting documentation to
				  the regional nurse within the required time frames for DAHS facility initiated
				  referrals;
(2) the DAHS facility
				  did not maintain the staff-client ratio for one or more days;
(3) the DAHS facility exceeded its license
				  capacity; or
(4) the DAHS
				  facility's monthly claims do not correspond to the DAHS facility's service
				  authorizations and DADS' Daily Attendance/Daily Transportation Record
				  form.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.211 - Billing and Payment

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.212 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
DADS may deny and recoup funds from a DAHS facility for the
					 days it exceeded its licensed capacity. The amount denied or recouped is two
					 units of service (regardless of the number of units actually provided) for
					 every individual (client, applicant, private pay, etc.) that exceeded the DAHS
					 facility license capacity.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 98 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 98.212 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS is the principal authority in the
				  state on matters relating to rehabilitation of people with disabilities. All
				  other state agencies engaged in rehabilitation activities and related services
				  to people must coordinate those activities and services with DARS.
(b) The State of Texas provides
				  rehabilitation and related services to eligible people with disabilities so
				  that they may prepare for and engage in a gainful occupation or achieve maximum
				  personal independence for the person.
(c) DARS provides services subject to the
				  availability of funds in accordance with the state plans required by federal
				  law and regulation, policies established by DARS, and contracts with the
				  providers of such services.
(d)
				  Under operational policies established by DARS, the commissioner is responsible
				  for the administration, supervision, planning, and direction of all
				  rehabilitation service programs.
(e) Any person who believes that he or she is
				  eligible for rehabilitation services may contact any DARS office or employee
				  for assistance.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.103 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
DARS implements its general powers and duties pursuant to
					 its statutory authority promulgated in Texas Human Resources Code, Chapter 73
					 (relating to Interagency Council on Early Childhood Intervention Services);
					 Chapter 81 (relating to Texas Commission for the Deaf and Hard of Hearing);
					 Chapter 91 (relating to Texas Commission for the Blind); Chapter 111, Texas
					 Rehabilitation Commission; and Chapter 117 (relating to Department of Assistive
					 and Rehabilitative Services); as well as pursuant to federal
					 authority.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
(1) DARS--The Texas
				  Department of Assistive and Rehabilitative Services.
(2) Counselor--A DARS employee who is trained
				  to provide vocational guidance and counseling and meets the minimum
				  qualifications designated in a functional job description.
(3) State plan--The plan for vocational
				  rehabilitation services submitted by the DARS Division for Rehabilitation
				  Services and the DARS Division for Blind Services in compliance with the
				  Rehabilitation Act of 1973, as amended, Title I.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.107 - Opportunities for Citizen Participation

Current through Reg. 49, No. 28; July 12, 2024
In addition to other procedures listed in Part 2 of this
					 title (relating to Department of Assistive and Rehabilitative Services), people
					 with disabilities, parents of infants and toddlers with disabilities, and other
					 citizens have the opportunity to:
(1)
				  voice concerns through public representation on DARS committees, councils, and
				  boards;
(2) attend and make public
				  comments at public meetings (notices of all public meetings and agenda items
				  are published in the
Texas Register);
(3) comment on all proposed rules;
				  and
(4) submit a petition
				  requesting the adoption of rules.
(A) All
				  petitions proposing the adoption of DARS rules shall be submitted in writing to
				  the DARS commissioner. The petition must contain the following:
(i) the text of the proposed rule prepared in
				  a manner to indicate the words to be added or deleted from the current text, if
				  any;
(ii) a statement of the
				  statutory or other authority under which the rule is to be promulgated;
				  and
(iii) the public benefits
				  anticipated as a result of adopting the rule or the anticipated implications
				  that could result from the failure to adopt the proposed rule.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.109 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints may be filed with DARS either
				  in writing through mail, e-mail, or facsimile or by videotape for people who
				  use sign language to communicate. Complaints should be directed to the DARS
				  customer service representative or to the commissioner.
(b) For the purpose of directing complaints
				  to DARS, DARS may notify consumers and service recipients of its name, mailing
				  address, and telephone number by including the information:
(1) on each registration form, application,
				  or written contract relating to participation in a program that is funded in
				  any part by money derived from or through DARS;
(2) on a sign that is prominently displayed
				  in the place of business of each person or entity engaging in a program that is
				  funded in any part by money derived from or through DARS;
(3) in a bill for service provided by a
				  person or entity engaging in a program that is funded in any part by money
				  derived from or through DARS; or
(4) in other media for dissemination of
				  information as determined by DARS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.111 - Cooperation with Other Public Agencies

Current through Reg. 49, No. 28; July 12, 2024
DARS enters into appropriate cooperative arrangements with,
					 and uses the services and facilities of, other federal, state, and local public
					 agencies providing services related to rehabilitation of people with
					 disabilities. DARS also works toward maximum coordination and consultation with
					 programs for and relating to rehabilitation of veterans with
					 disabilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.113 - Criminal History Information on Applicants for Employment

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS may use Criminal History Conviction
				  information obtained from the Texas Department of Public Safety when evaluating
				  applicants for employment.
(b) In
				  addition to or instead of that described in subsection (a) of this section,
				  DARS may use Criminal History Record Information obtained from the Texas
				  Department of Public Safety when evaluating the applications of the following
				  applicants, in accordance with Texas Government Code, §§
										411.0985,
				  411.1131,
				  411.1142,
				  and
				  411.117:
(1) Applicants for positions in the Division
				  for Rehabilitation Services and the Division for Disability Determination
				  Services: All applicants whose potential duties include direct contact with
				  consumers of Vocational Rehabilitation Services, Comprehensive Rehabilitation
				  Services, and Independent Living Services in the Division for Rehabilitation
				  Services.
(2) Applicants for
				  positions in the Division for Early Childhood Intervention Services: All
				  applicants whose potential employment involves the delivery of early childhood
				  intervention services or involves direct interactions with or the opportunity
				  to interact and associate with children.
(3) Applicants for positions in the Division
				  for Blind Services and DARS Headquarters Administration: All applicants for
				  employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.115 - Use of Criminal History Information in Contracting

Current through Reg. 49, No. 28; July 12, 2024
DARS may obtain criminal history information from the Texas
					 Department of Public Safety and may use it in connection with award and
					 administration of DARS contracts. When DARS uses the information, DARS includes
					 the terms and conditions of use in the affected contracts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.117 - Fees for Department Publications

Current through Reg. 49, No. 28; July 12, 2024
DARS establishes and charges reasonable fees for DARS
					 publications to cover the publication costs. However, DARS will waive the fee
					 for a person who is disabled and financially unable to pay for the publication.
					 The determination whether a person is financially unable to pay for a
					 publication will be based on a review of the circumstances including
					 information submitted by the person who is disabled.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.119 - Gifts and Donations to DARS

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS
				  may receive and use gifts and donations for carrying out its purposes as
				  authorized in statute.
(b) Only the
				  commissioner may accept gifts or donations of real estate or permanent
				  improvements to real estate.
(c)
				  Other gifts or donations with a value of $500 or more may be accepted by the
				  commissioner, deputy commissioner, assistant commissioners, or chief financial
				  officer. They may delegate in writing the authority to accept.
(d) The chief financial officer sets, by DARS
				  policy, the procedures concerning:
(1)
				  accepting all gifts and donations; and
(2) delegating the authority to accept gifts
				  and donations with value of less than $500.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - GENERAL RULES › Section 101.121 - Qualified Vocational Rehabilitation Counselor (QVRC)

Current through Reg. 49, No. 28; July 12, 2024
(a) The Division for Rehabilitation Services
				  (DRS) and Division for Blind Services (DBS) help counselors to meet the
				  Comprehensive System of Personnel Development (CSPD) standard by making funds
				  available through the Qualified Vocational Rehabilitation Counselor (QVRC)
				  program for the required graduate education except when:
(1) unforeseen circumstances occur that may
				  restrict or prohibit the funding; or
(2) management discontinues a counselor's
				  participation in the program in the best interests of the division.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 101.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish the
					 authority and responsibility to promote full and equal business opportunities
					 for all businesses in an effort to remedy disparity in state procurement and
					 contracting in accordance with the HUB goals specified in the State of Texas
					 Disparity Study. The State of Texas and the Department of Assistive and
					 Rehabilitative Services (DARS) encourage the use of historically underutilized
					 businesses (HUBs) and implement this responsibility without bias regarding
					 race, ethnicity, or gender.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 101.203 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to all contracts and purchase
					 orders established under Government Code, Chapter 2155. It also applies to all
					 bids, proposals, offers, or other applicable expressions of interest over
					 $100,000 as defined in Government Code, Chapter 2161, Subchapter F (relating to
					 Subcontracting), and 34 TAC §
										20.14(relating to
					 Subcontracts).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 101.205 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this division,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
(1) DARS--The Texas
				  Department of Assistive and Rehabilitative Services.
(2) Economically Disadvantaged Person--An
				  eligible HUB owner as defined in 34 TAC §
										20.11(relating to
				  Definitions) whose business has not exceeded the graduation size standards
				  established by 34 TAC §
										20.23(relating to
				  Graduation Procedures).
(3)
				  Good-Faith Effort (GFE)--A procurement effort in which prime contractors take
				  certain steps to promote inclusion of HUBs in contracts with an expected value
				  of $100,000 or more as defined in 34 TAC §
										20.13(relating to
				  Statewide Annual HUB Utilization Goals) and §20.14 (relating to
				  Subcontracts). When applied to agency GFE, the state auditor considers whether
				  the agency has adopted rules under §
										2161.003, Government
				  Code; has used the Texas Comptroller of Public Accounts, Texas Procurement and
				  Support Services directory and other resources to identify HUBs that are able
				  to contract with the agency; has made good-faith, timely efforts to contact
				  identified HUBs regarding contracting opportunities; has conducted its
				  procurement program in accordance with the good-faith methods set out in the
				  comptroller's rules; and has established agency specific goals for contracting
				  with HUBs in each procurement category based on scheduled fiscal year
				  expenditures, the availability of HUBs in each category, the agency's historic
				  utilization of HUBs, and other relevant factors as determined by rules adopted
				  under §
										2161.002,
				  Government Code.
(4) Historically
				  Underutilized Business (HUB)--A business entity as defined in 34 TAC §
										20.11 that is
				  certified by the State of Texas and has not exceeded the size standards
				  established by 34 TAC §
										20.23 with
				  its principal place of business in Texas.
(5) HUB Subcontracting Plan (HSP)--a written
				  plan regarding the use of subcontractors that must be submitted with all
				  responses to agency contracts with an expected value of $100,000 or more where
				  subcontracting opportunities have been determined by the agency to be probable
				  as defined in 34 TAC §
										20.13 and
				  §20.14.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 101.207 - Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Government Code §
										2161.003, the
					 Department of Assistive and Rehabilitative Services adopts the rules of the
					 Texas Comptroller of Public Accounts, Texas Procurement and Support Services at
					 34 TAC Chapter 20, Subchapter B (relating to Historically Underutilized
					 Business Program). These rules were promulgated by the Texas Comptroller of
					 Public Accounts under Government Code, §
										2161.002.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 101.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Rehabilitation Council of Texas (RCT) advises the
						DARS Division for Rehabilitation Services and the DARS Division for Blind
						Services in performing their responsibilities to provide vocational
						rehabilitation services for people with disabilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 101.303 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The Rehabilitation Council of Texas (RCT) is created
						pursuant to the Rehabilitation Act of 1973, as amended,
						29 United States Code
						§725; and the Human Resource Code,
						§111.016. Federal law requires DARS to establish the RCT in order to
						receive federal financial assistance. Failure to establish the RCT would
						prohibit DARS from receiving federal financial assistance. In accordance with
						Human Resources Code, §
											111.0161,
						the RCT reports to and advises the executive commissioner or designee on the
						RCT's activities and the results of the RTC's work. In performing its advisory
						functions, the RCT works with the DARS commissioner, the DARS staff, and the
						executive commissioner or designee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 101.305 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, have the following meanings, unless the context clearly indicates
						otherwise:
(1) DARS--The Texas
					 Department of Assistive and Rehabilitative Services.
(2) RCT--The Rehabilitation Council of
					 Texas.
(3) Divisions--The DARS
					 Division for Rehabilitation Services (DRS) and the DARS Division for Blind
					 Services (DBS).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 101.307 - Tasks

Current through Reg. 49, No. 28; July 12, 2024
Tasks. The council shall:
(1) review, analyze, and advise the divisions
					 about their performance of responsibilities, particularly those relating to:
(A) eligibility determination (including
					 order of selection);
(B) the
					 extent, scope, and effectiveness of services provided; and
(C) functions performed by the divisions that
					 potentially affect the ability of people with disabilities to achieve
					 rehabilitation goals and objectives;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 101.309 - Reports

Current through Reg. 49, No. 28; July 12, 2024
The Rehabilitation Council of Texas (RCT) shall:
(1) prepare and submit an annual report to
					 the governor or appropriate state entity and the commissioner on the status of
					 vocational rehabilitation programs operated within the state, and make the
					 report available to the public; and
(2) submit to the commissioner of the
					 Rehabilitation Services Administration, United States Department of Education,
					 periodic reports that the commissioner may reasonably request, and keep records
					 that the commissioner finds necessary to verify those reports.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 101.311 - Funding

Current through Reg. 49, No. 28; July 12, 2024
The Rehabilitation Council of Texas (RCT) is funded
						primarily by federal funds, and its existence is required in order for DARS to
						receive and expend federal funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 2 - STATE INDEPENDENT LIVING COUNCIL › Section 101.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The State Independent Living Council (SILC) is created
						and established as an independent council, as required by the Rehabilitation
						Act of 1973, as amended, and carries out its responsibilities as set forth in
						the federal law and regulations under which it is
						established.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 2 - STATE INDEPENDENT LIVING COUNCIL › Section 101.403 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The State Independent Living Council (SILC) is authorized
						and required under the Rehabilitation Act of 1973, as amended,
						29 United States Code
						§796d; and
						34
						C.F.R. §364.21. Failure to establish the
						SILC would prohibit DARS from receiving federal financial
						assistance.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 2 - STATE INDEPENDENT LIVING COUNCIL › Section 101.405 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, have the following meanings unless the context clearly indicates
						otherwise:
(1) DARS--The Texas
					 Department of Assistive and Rehabilitative Services.
(2) SILC--State Independent Living
					 Council.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 2 - STATE INDEPENDENT LIVING COUNCIL › Section 101.407 - Tasks

Current through Reg. 49, No. 28; July 12, 2024
The State Independent Living Council (SILC) shall:
(1) in conjunction with DARS, jointly
					 develops and submits the State Plan for Independent Living Services as required
					 by federal law;
(2) monitors,
					 reviews, and evaluates the implementation of the state plan;
(3) coordinates activities with the
					 Rehabilitation Council of Texas set out in §
											101.301 of
					 this subchapter (relating to Purpose) and other councils that address the needs
					 of specific disability populations and issues under other federal
					 law;
(4) ensures that all regularly
					 scheduled meetings of the SILC are open to the public and sufficient advance
					 notice is provided;
(5) submits to
					 the federal government periodic reports that the federal government may
					 reasonably request, and keeps records that the federal government finds
					 necessary to verify those reports; and
(6) reports to the DARS Council at least
					 annually on the SILC's actions and the results of the SILC's work.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 2 - STATE INDEPENDENT LIVING COUNCIL › Section 101.409 - Funding

Current through Reg. 49, No. 28; July 12, 2024
The State Independent Living Council (SILC) is funded
						primarily by federal funds, and its existence is required in order for DARS to
						receive and expend federal funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 3 › Section 101.501 to 101.515

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.601 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The DARS Board for Evaluation of Interpreters is an
						advisory board appointed by the Executive Commissioner of the Health and Human
						Services Commission or the Executive Commissioner's designee, to assist DARS in
						administering DARS's interpreter certification programs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.601 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.603 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The BEI Advisory Board is created pursuant to Human
						Resources Code Chapter 81, §81.007, Board for Evaluation of
						Interpreters.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.603 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.605 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, have the following meanings unless the context clearly indicates
						otherwise:
(1) DARS--The Texas
					 Department of Assistive and Rehabilitative Services.
(2) BEI--Board for Evaluation of
					 Interpreters.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.605 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.607 - Substantive Rules

Current through Reg. 49, No. 28; July 12, 2024
DARS rules relating to the duties, authority, and
						responsibilities of the BEI Advisory Board are set forth in detail at Chapter
						109, Subchapter B of this title (relating to Board for Evaluation of
						Interpreters (BEI) General Certificate or Certification).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.607 - Substantive Rules

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.609 - Duration of BEI Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
The Board for Evaluation of Interpreters (BEI) Advisory
						Board will continue to exist as long as the BEI interpreter certification
						programs for which it serves as an advisory body continue to exist and the
						board is authorized by state law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 4 - BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD › Section 101.609 - Duration of BEI Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 5 - BET ELECTED COMMITTEE OF MANAGERS (ECM) › Section 101.701 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Elected Committee of Managers (ECM) is
						to comply with the Randolph-Sheppard Act, which requires the agency, as the
						state licensing agency in Texas under the Act, to provide for the biennial
						election of a State Committee of Blind Vendors which, to the extent possible,
						is fully representative of all blind vendors in the state.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 5 - BET ELECTED COMMITTEE OF MANAGERS (ECM) › Section 101.703 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The Elected Committee of Managers (ECM) is created
						pursuant to
						20
						U.S.C.A. §107b(1) of
						Chapter 6A of Title 20, known as the Randolph-Sheppard Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 5 - BET ELECTED COMMITTEE OF MANAGERS (ECM) › Section 101.705 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, have the following meanings unless the context clearly indicates
						otherwise:
(1) DARS--The Texas
					 Department of Assistive and Rehabilitative Services.
(2) DBS--Division for Blind
					 Services.
(3) BET--Business
					 Enterprises of Texas.
(4)
					 ECM--Elected Committee of Managers.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 5 - BET ELECTED COMMITTEE OF MANAGERS (ECM) › Section 101.707 - Substantive Rules

Current through Reg. 49, No. 28; July 12, 2024
DARS rules relating to the duties, authority, and
						responsibilities of the BET Elected Committee of Managers are set forth in
						Chapter 106, Subchapter G of this title (relating to Business Enterprises of
						Texas).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter D - PRIVACY AND CONFIDENTIALITY › Section 101.805 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
(1) DARS--The Texas
				  Department of Assistive and Rehabilitative Services.
(2) STAP--Specialized Telecommunications
				  Assistance Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter D - PRIVACY AND CONFIDENTIALITY › Section 101.807 - Privacy Policies

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Chapter 559, Government Code, DARS
					 adheres to the following privacy policies.
(1) Right to be informed about information
				  collected. A person has the right to be informed about information that DARS
				  collects about the person unless DARS is allowed to withhold the information
				  from the person under Government Code, §
										552.023(b).
(2) Right to notice about certain information
				  laws and practices.
(A) When DARS collects
				  information about a person by means of a form that the person completes and
				  files with DARS, DARS informs the person of his or her rights related to the
				  information collected. If the form is in a paper format, DARS posts a prominent
				  notice of the person's rights on the form. Or if the form is in an electronic
				  format on an Internet site, DARS prominently posts the notice on the Internet
				  site in connection with the electronic form. The notice states that:
(i) with few exceptions, the person is
				  entitled on request to be informed about the information that DARS collects
				  about the person;
(ii) under the
				  Government Code, §
												552.021
				  and §
												552.023,
				  the person may receive and review the information; and
(iii) under the Government Code, §
												559.004,
				  the person may have DARS correct information about the person that is
				  incorrect.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter D - PRIVACY AND CONFIDENTIALITY › Section 101.809 - Confidentiality of Consumer Information in Vocational Rehabilitation Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Consumer records.
(1) All personal information available to
				  DARS employees as they administer rehabilitation services programs, including
				  names, addresses, and records of consumer evaluations, is
				  confidential.
(2) DARS may use such
				  information and records only for purposes directly connected with administering
				  the rehabilitation programs.
(3)
				  DARS may directly or indirectly disclose information only in administering the
				  rehabilitation programs, except with the consumer's written consent, in
				  compliance with a court order, or in accordance with a federal or state law or
				  regulation. DARS may not share information containing identifiable personal
				  information with advisory or other bodies that do not have official
				  responsibilities for administration of the programs.
(4) Upon a consumer's request, DARS releases
				  information to a consumer or, as appropriate, his parent, guardian, or other
				  representative. If, in the opinion of the counselor, release to the consumer of
				  a particular document in the consumer case file will have a harmful effect on
				  the consumer, the consumer will be notified that there is information in the
				  case file that can be released only to an appropriate representative designated
				  in writing by the consumer.
(5) All
				  consumer information is the property of DARS.