reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.73 - Prehearing Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) The IHO may
					 hold a prehearing conference to resolve matters preliminary to the hearing. At
					 the discretion of the IHO, a prehearing conference may be held by telephone
					 (directly or by relay). A prehearing conference may be convened to address any
					 or all of the following matters:
(1) notice
					 of jurisdiction or the IHO's authority;
(2) scope or party status;
(3) the date and location of the final
					 hearing;
(4) factual and legal
					 issues;
(5) motions;
(6) issuance of subpoenas;
(7) discovery disputes;
(8) scheduling;
(9) stipulations;
(10) settlement conferences;
(11) requests for official notice;
(12) identification and exchange of
					 documentary evidence;
(13)
					 admissibility of evidence;
(14)
					 identification and qualification of witnesses;
(15) order of presentation; and
(16) other matters that promote the orderly
					 and prompt conduct of the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.74 - Dismissal without Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The IHO
					 may entertain motions for dismissal without a hearing for the following
					 reasons:
(1) failure to pursue the
					 hearing;
(2) unnecessary
					 duplication of proceedings, res judicata, or collateral estoppel;
(3) withdrawal of the request for
					 hearing;
(4) moot
					 questions;
(5) lack of
					 jurisdiction;
(6) failure to raise
					 a material issue in the pleading;
(7) failure of a party or authorized
					 representative to appear at a scheduled hearing;
(8) failure to respond to a discovery
					 request; and
(9) failure to respond
					 to any order by the IHO, including an order to disclose the identities of
					 witnesses and exhibits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.75 - Conduct of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) On a genuine
					 issue in a contested case, each party or authorized representative is entitled
					 to:
(1) call witnesses, including other
					 parties;
(2) offer
					 evidence;
(3) cross-examine any
					 witness called by another party; and
(4) make opening and closing
					 statements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.76 - Order of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) A case
					 shall be called to order by the IHO.
(b) Proceedings under this subchapter are
					 conducted according to the following provisions:
(1) The appellant may briefly state the
					 nature of the claim or defense, what the appellant expects to prove, and the
					 relief sought. Immediately thereafter, the Agency may make a similar statement,
					 and any other parties are afforded similar rights as determined by the IHO. The
					 IHO may limit the time available for each party or authorized representative
					 with respect to such statement.
(2)
					 Evidence is introduced by the appellant. The Agency, or its authorized
					 representative, and any other parties may cross-examine each of the appellant's
					 witnesses.
(3) Cross-examination is
					 not limited solely to matters raised on direct examination. Parties or
					 authorized representatives are entitled to redirect and
					 recross-examination.
(4) Unless the
					 statement has already been made, the Agency or its authorized representative
					 may briefly state the nature of the claim or defense, what the Agency expects
					 to prove, and the relief sought.
(5) Evidence, if any, is introduced by the
					 Agency. The appellant and any other parties may cross-examine each of the
					 Agency's witnesses.
(6) Any other
					 parties may make statements and introduce evidence. The appellant and the
					 Agency may cross-examine the other parties' witnesses.
(7) The parties may present rebuttal
					 evidence.
(8) The parties may be
					 allowed to make either oral or written closing statements at the discretion of
					 the IHO.
(9) The IHO may examine
					 any witness and party.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.77 - Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules of
					 evidence as applied in nonjury civil cases by the district courts of the State
					 of Texas apply to a hearing under this subchapter.
(b) Exceptions--evidence inadmissible under
					 the rules of evidence applied in nonjury civil cases by the district courts of
					 the State of Texas may be admitted:
(1) if it
					 consists of any documents contained in any Agency file related to the
					 appellant; or
(2) if it is:
(A) necessary to ascertain the facts not
					 reasonably susceptible of proof under those rules;
(B) not precluded by statute; and
(C) of a type on which reasonably prudent
					 individuals commonly rely in the conduct of their affairs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.78 - Transcription of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
					 precluded by law, the hearing shall be recorded electronically by tape recorder
					 or similar device either by the IHO or by someone designated by the IHO. The
					 recording is the official record of the testimony offered as evidence during
					 the hearing. Any party, however, may request, at the party's expense, that the
					 hearing be recorded by a court reporter if the request is made no later than 10
					 days before the date of the hearing.
(b) In lieu of a recording of the testimony
					 electronically or of the reporting of testimony by a court reporter, the
					 parties to a hearing may agree upon a statement of the evidence, agree to use
					 recorded transcriptions as a statement of the testimonial evidence, or agree to
					 the summarization of testimony before the IHO, provided, however, that
					 proceedings or any part of them shall be transcribed on written request of any
					 party.
(c) Unless otherwise
					 provided in this subchapter, the party requesting a transcription of any
					 electronic recording of the proceedings shall bear the cost for transcribing
					 any such electronically recorded testimony. Nothing provided for in this
					 section limits the Agency to a stenographic record of the
					 proceedings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.79 - Prepared Testimony

Current through Reg. 49, No. 28; July 12, 2024
In all proceedings and after all parties of record have
						been given copies, the prepared testimony of a witness on direct examination
						may be incorporated in the record as if read or received as an exhibit. The
						prepared testimony may be in narrative or question-and-answer form. The witness
						shall be sworn and shall identify the testimony. The witness is subject to
						cross-examination, and the prepared testimony is subject to a motion to strike
						in whole or in part.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.80 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) In a formal appeal, all pleadings, for
					 which no other form is prescribed, shall contain:
(1) the name of the party making the
					 pleading;
(2) the names of all
					 other known parties;
(3) a concise
					 statement of the facts alleged and relied upon;
(4) a request stating the type of relief,
					 action, or order desired;
(5) any
					 other matter required by law;
(6) a
					 certificate of service, as required by these rules; and
(7) the signature of the party or the party's
					 authorized representative making the pleading.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.81 - Discovery and Mandatory Disclosures

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Written Discovery. Requests for disclosure of information shall be the only
					 form of written discovery that the parties are entitled to make. Unless a party
					 is ordered by the IHO during a pretrial conference to disclose other
					 information in addition to the items in this section, a party may request in
					 writing that the other party disclose or produce the following:
(1) the names, addresses, and telephone
					 numbers of individuals having knowledge of relevant facts, including those who
					 might be called as witnesses and any expert who might be called to
					 testify;
(2) for any testifying
					 expert:
(A) the subject matter on which the
					 expert will testify;
(B) the
					 expert's summary; and
(C) a brief
					 summary of the substance of the expert's mental impressions and opinions and
					 the basis for them, along with all documents and tangible items reflecting such
					 information;
(3) the
					 issues and the factual basis for a party's claims and defenses in the appeal;
					 and
(4) information concerning the
					 appellant's employment, including the appellant's job application with the
					 appellant's current employer and any personnel evaluations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.82 - Documentary Evidence and Official Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Documentary evidence may be received in
					 the form of copies or excerpts if the original is not readily available. On
					 request, parties shall be given an opportunity to compare the original and the
					 copy or excerpt.
(b) When numerous
					 similar documents that are otherwise admissible are offered into evidence, the
					 IHO may limit the documents received to those that are typical and
					 representative. The IHO may also require that an abstract of relevant data from
					 the documents be presented in the form of an exhibit, provided that all parties
					 are given the right to examine the documents from which such abstracts were
					 made.
(c) The following laws,
					 rules, regulations, and policies are officially noticed:
(1) The Rehabilitation Act of 1973, as
					 amended, 29 United States
					 Code §
													701, et seq.;
(2) United States Department of Education
					 regulations, 34 Code of Federal Regulations Parts 361 and 367;
(3) The Agency's State Plan for Vocational
					 Rehabilitation Services;
(4) The
					 Agency's Vocational Rehabilitation and Independent Living for Older Individuals
					 Who Are Blind policy manuals; and
(5) Texas Administrative Code, Title 40, Part
					 20, Texas Workforce Commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.83 - Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The IHO, at his or her discretion, may
					 grant a continuance to further the interests of justice. No motion for
					 continuance shall be granted, unless it is made in writing or stated in the
					 record, and the motion shall set forth the specific grounds upon which the
					 party seeks the continuance.
(b)
					 Unless made during a prehearing or hearing, a party seeking a continuance,
					 cancellation of a scheduled proceeding, or extension of an established deadline
					 shall file such motion no later than 10 days before the date or deadline in
					 question. A motion filed fewer than 10 days before the date or deadline in
					 question shall contain a certification that the requestor contacted the other
					 party or party's authorized representative and whether the request is opposed
					 by the party or party's authorized representative. Further, if a continuance to
					 a certain date is sought, the motion shall include a proposed date or dates and
					 must indicate whether the other party or party's authorized representative
					 contacted agrees on the proposed new date or dates.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.84 - Impartial Hearing Officer Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 30
					 days of the hearing completion date, the IHO shall issue a decision that is
					 based on the evidence and consistent with the provisions of the approved State
					 Plan; the Act, as amended; federal vocational rehabilitation regulations, state
					 regulations, and policies that are consistent with federal requirements, and
					 shall provide to the appellant or, if appropriate, the appellant's authorized
					 representative, and the Agency's authorized representative or the Agency's
					 Office of General Counsel, as appropriate, a full written report of the
					 findings of fact, conclusions of law, and any other grounds for the
					 decision.
(b) The decision shall
					 address each issue considered by the IHO.
(c) The IHO may prescribe such remedies as
					 are appropriate within the scope of, and permitted by, as applicable, Texas
					 Labor Code, Chapter 352; the Act, as amended; the regulations of the
					 Rehabilitation Services Administration of the United States Department of
					 Education, 34 Code of Federal Regulations Parts 361 and 365; and the Agency's
					 policies and rules.
(1) The IHO shall not
					 award restitutionary, compensatory, or monetary relief, including monetary
					 damages, to any party.
(2) The IHO
					 shall not prescribe an action affecting the employment of an Agency
					 employee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.85 - Finality of the Hearing Officer's Decision

Current through Reg. 49, No. 28; July 12, 2024
The decision of the IHO is the final decision of the
						Agency, and, if no timely motion for reconsideration is filed, becomes the
						final decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.86 - Implementation of Final Decision

Current through Reg. 49, No. 28; July 12, 2024
If a party brings a civil action to challenge a final
						decision of an IHO, the final decision involved shall be implemented pending
						review by the court.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.87 - Motion for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
					 party to a hearing may file a motion for reconsideration within 20 days after
					 the party is notified of the issuance of the IHO's decision. The motion shall
					 be filed with the hearings coordinator within the Agency's Office of General
					 Counsel.
(b) The motion for
					 reconsideration shall specify the matters in the IHO's decision that the party
					 considers to be erroneous. Any response to the motion for reconsideration shall
					 be filed no later than 30 days after a party, or a party's attorney or
					 representative, is notified of the IHO's issuance of the decision.
(c) The IHO shall rule on the motion for
					 reconsideration no later than 15 days after receipt of the motion for
					 reconsideration, or after receipt of the response to the motion for
					 reconsideration, whichever comes later. If the motion for reconsideration is
					 granted, the IHO issues a decision upon reconsideration within an additional 15
					 days. If the IHO fails to rule on the motion for reconsideration within 15
					 days, the motion for reconsideration is denied as a matter of law.
(d) Service. Service of the IHO's decision or
					 of a motion for reconsideration or response under this section shall be made by
					 any of the following means to a party, a party's attorney, or a party's
					 representative:
(1) hand-delivery;
(2) courier-receipted delivery;
(3) regular first-class mail, certified mail,
					 or registered mail;
(4) e-mail or
					 facsimile transmission before 5:00 p.m. on a business day to the recipient's
					 current e-mail address or telecopier number; or
(5) such other means as the IHO may
					 direct.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.88 - Civil Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party that
					 disagrees with the findings and decision of an IHO has a right to bring a civil
					 action in any court of competent jurisdiction without regard to the amount in
					 controversy, consistent with
					 34
					 CFR §
												361.57(i).
(b) An individual must initiate a civil
					 action for review of an IHO's decision by filing a petition not later than the
					 30th day after the date on which the decision that is the subject of complaint
					 is final and appealable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.89 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) In computing any
					 period of time prescribed or allowed by the rules in this subchapter, by order
					 of an IHO, or by any applicable statute, the day of the act, event, or default
					 after which the designated period of time begins to run is not
					 included.
(b) Unless otherwise
					 provided by the rules in this subchapter, the last day of the period so
					 computed is included, unless it is a Saturday, Sunday, or legal holiday, in
					 which event the period runs until the end of the next day that is not a
					 Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays
					 shall not be counted for any purpose in any time period of five days or
					 fewer.
(c) In computing the time
					 periods required for filing a motion for reconsideration, as set forth at
					 § 850.87 of this subchapter (relating to Motion for Reconsideration), and
					 for appealing a final decision of an IHO to a court, as set forth at §
					 850.88 of this subchapter (relating to Civil Action), Saturdays, Sundays, and
					 legal holidays are included.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter F - MEMORANDUM OF UNDERSTANDING › Section 850.130 - Memorandum of Understanding Regarding Continuity of Care for Physically Disabled Inmates

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency adopts
				  by reference the memorandum of understanding (MOU) between the Texas Department
				  of Criminal Justice, Texas Department of Aging and Disability Services, and
				  Texas Department of State Health Services. The MOU contains the agreement
				  required by Texas Health and Safety Code §§ 614.014 - 614.015 to
				  establish the respective responsibilities of these agencies to institute a
				  continuity of care and service program for offenders in the criminal justice
				  system who are physically disabled, terminally ill, or significantly
				  ill.
(b) The text of the MOU is in
				  rule 37 TAC, Part 6, §159.19 (relating to Continuity of Care and Service
				  Program for Offenders who are Elderly and Offenders with Physical Disabilities,
				  or Significant or Terminal Illnesses).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter F - MEMORANDUM OF UNDERSTANDING › Section 850.131 - Memorandum of Understanding Regarding the Exchange and Distribution of Public Awareness Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency
				  adopts by reference the memorandum of understanding (MOU) between the Texas
				  Health and Human Services Commission, the Texas Department of Aging and
				  Disability Services, and the Texas Department of State Health
				  Services.
(b) The MOU is the
				  agreement required by Texas Human Resources Code § 22.013, which
				  authorizes and requires the exchange and distribution among the agencies of
				  public awareness information relating to services provided by or through the
				  agencies.
(c) The text of the MOU
				  is located in 40 TAC, Part 1, §72.301 (relating to Authorization and
				  Requirement to Exchange and Distribute Public Awareness Information).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter F - MEMORANDUM OF UNDERSTANDING › Section 850.132 - Memorandum of Understanding Concerning Coordination of Services to Individuals with Disabilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency
				  adopts by reference the memorandum of understanding (MOU) between the Texas
				  Health and Human Services Commission, the Texas Department of Aging and
				  Disability Services, the Texas Department of State Health Services, the Texas
				  Department of Family and Protective Services, and the Texas Education
				  Agency.
(b) The MOU is the
				  agreement required by Texas Human Resources Code § 22.011, to facilitate
				  the coordination of services to individuals with disabilities by establishing
				  the respective responsibilities of the agencies regarding the coordination of
				  services to individuals with disabilities.
(c) The text of the MOU is located in 40 TAC,
				  Part 1, §§72.201 - 72.212 (relating to Memorandum of Understanding
				  Concerning Coordination of Services to Persons With Disabilities).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter A - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Section 853.2 - Referral

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual may be referred for OIB
				  services in a variety of ways, including, but not limited to:
(1) a physician's office;
(2) a community organization;
(3) the Center for Independent Living
				  (CIL);
(4) a senior community
				  organization;
(5) family, customer
				  representative, and friends;
(6)
				  contract providers; or
(7) online
				  self-referral portal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter A - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Section 853.3 - Accessible Communication

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency
				  shall provide all members of the public with disabilities who are seeking
				  information or other services from the Agency access to and use of electronic
				  and information resources comparable to the access and use provided to members
				  of the public without disabilities, unless compliance with this section imposes
				  a significant difficulty or expense to the Agency under Texas Government Code
				  §
										2054.460.
(b) The Agency may use alternate methods or
				  formats to provide timely access by individuals with disabilities to Agency
				  electronic and information resources.
(c) The Agency shall ensure that OIB
				  applicants and customers are given the opportunity to request and receive
				  communication from the Agency in an alternate format or by alternate
				  methods.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter A - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Section 853.4 - Application

Current through Reg. 49, No. 28; July 12, 2024
An individual is considered to have completed the
					 application process when:
(1) the
				  individual or the individual's representative has completed and signed the OIB
				  application form and an OIB staff member has entered the electronic PIN into
				  the case management system;
(2) the
				  individual or the individual's representative has provided the information
				  necessary to initiate an assessment to determine eligibility and service
				  delivery; and
(3) the individual or
				  the individual's representative is available to complete the assessment process
				  to determine eligibility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter A - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Section 853.5 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for OIB, a customer must:
(1) be age 55 or older;
(2) be blind or have low vision or a
				  significant visual impairment, as defined in §
											853.1, of this subchapter
				  (relating to Definitions);
(3) be
				  an individual for whom independent living goals are feasible; and
(4) be present in Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter A - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Section 853.6 - Ineligibility Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  determination of ineligibility shall be based only on a substantive evaluation
				  of an applicant's completed and signed application, including all documentation
				  required to establish eligibility under §
										853.5(a) of this
				  subchapter (relating to Eligibility).
(b) Before making a determination of
				  ineligibility, OIB staff shall provide the applicant or the applicant's
				  representative, as appropriate, an opportunity to consult with OIB staff. OIB
				  staff shall notify the applicant, or the applicant's representative, as
				  appropriate, of an ineligibility determination. Notice shall be provided in
				  accessible format and through accessible methods and in compliance with Texas
				  Government Code §
										2054.460, if
				  applicable. The notice shall include the following:
(1) A brief statement of the ineligibility
				  determination, with reference to the requirements under this chapter and any
				  deficiencies;
(2) The mailing date
				  of the determination;
(3) An
				  explanation of the individual's right to an appeal;
(4) The procedures for filing an appeal with
				  the Agency, including applicable time frames;
(5) The right to have a hearing
				  representative, including legal counsel;
(6) How to contact the Texas CAP, which is
				  DRTx; and
(7) The contact
				  information to which the appeal must be sent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter B - SERVICES › Section 853.10 - Independent Living Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Once an
				  individual is determined eligible, the ILP is developed within 90 days of the
				  eligibility date. If the ILP cannot be completed within 90 days, then OIB staff
				  must document the reason for the delay in a case note..
(b) OIB staff must jointly develop the ILP
				  and all subsequent amendments in writing, through consultation with the
				  customer or the customer's representative, as appropriate.
(c) A customer may waive receipt of the
				  written plan by signing the Agency Waiver of Independent Living Plan (VR 5154
				  ).
(d) Through consultation, OIB
				  staff and the customer, or the customer's representative, as appropriate,
				  determine how services shall be delivered and document service delivery methods
				  in the electronic record of the ILP, which OIB staff must maintain.
(e) The Agency shall ensure that the customer
				  or the customer's representative, as appropriate, is advised of procedures and
				  requirements affecting the development and review of the ILP.
(f) To receive a copy of the ILP and its
				  amendments in a medium other than print, the customer must inform OIB staff of
				  the preferred medium.
(g) OIB staff
				  shall review the ILP at least annually with the customer or the customer's
				  representative, as appropriate, to assess the customer's progress in meeting
				  the objectives identified in the ILP.
(h) OIB staff shall incorporate any revisions
				  to the ILP that are necessary to reflect changes in the customer's goals,
				  intermediate objectives, or needs.
(i) The customer must inform the Agency in a
				  timely manner of changes that will affect the provision of services, including,
				  but not limited to, the customer's unavailability to receive
				  services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter B - SERVICES › Section 853.11 - Scope of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) All services
				  provided under this section shall be subject to budget constraints of the
				  program.
(b) OIB staff shall
				  provide each service in accordance with a customer's ILP.
(c) OIB staff may directly provide the
				  following services under this chapter:
(1)
				  Information and referral services;
(2) Independent living skills
				  training;
(3) Peer counseling
				  (including cross-disability peer counseling);
(4) Individual and systems
				  advocacy;
(5) Orientation and
				  mobility training;
(6) Diabetes
				  education;
(7) Braille training;
				  and
(8) Transition
				  services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter C - CUSTOMER FINANCIAL PARTICIPATION › Section 853.20 - Individuals Who Receive Social Security Income or Social Security Disability Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Customers who
				  are recipients of either Social Security Income (SSI) or Social Security
				  Disability Insurance (SSDI) are not required to participate in the cost of
				  services.
(b) OIB staff shall
				  ensure that each customer or the customer's representative, as appropriate, is
				  informed of the services that require customer participation in the cost of
				  services and the services that do not require customer participation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter C - CUSTOMER FINANCIAL PARTICIPATION › Section 853.21 - Customer Participation in the Cost of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Some independent living services, as set
				  forth in §853.11 or this chapter (relating to Scope of Services), may be
				  subject to customer participation in cost of service as defined in OIB
				  policy.
(b) OIB staff shall
				  administer the customer participation system in accordance with the rules in
				  this chapter, the OIB policy manual, and
				  34 CFR §
											367.67(b)(1).
(c) OIB staff shall provide those independent
				  living services not requiring customer participation in cost of services as set
				  forth in §
										853.11 of this chapter at no cost
				  to the customer.
(d) OIB staff
				  shall determine the customer's adjusted gross income and the percentage of the
				  Federal Poverty Guidelines at https://aspe.hhs.gov/poverty-guidelines for that
				  income, based on documentation provided by the customer.
(e) OIB staff is required to apply the
				  Federal Poverty Guidelines at https://aspe.hhs.gov/poverty-guidelines to
				  determine customer participation.
(f) The customer or customer's representative
				  shall sign an ILP acknowledging the customer's contribution for services and
				  providing written agreement that:
(1) the
				  information provided by the customer or the customer's representative about the
				  customer's household size, annual gross income, allowable deductions, and
				  comparable services or benefits is true and accurate; or
(2) the customer or the customer's
				  representative chooses not to provide information about the customer's
				  household size, annual gross income, allowable deductions, and comparable
				  services or benefits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter C - CUSTOMER FINANCIAL PARTICIPATION › Section 853.22 - Availability of Comparable Services and Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall determine whether
				  comparable services or benefits are available to the customer under any other
				  program and if comparable services or benefits are available to the customer
				  under any other program, the customer shall use those benefits first. This
				  includes services that are included under the customer's medical and dental
				  insurance, including government insurance.
(b) The Agency shall not make this
				  determination in cases in which comparable services or benefits exist under any
				  other program, but are not available to the customer at the time needed, and:
(1) determining the availability of
				  comparable services and benefits under any other program would delay the
				  provision of services to customers who could be at medical risk, based on
				  medical evidence provided by an appropriate, qualified medical professional;
				  or
(2) the determination would
				  interrupt or delay progress toward achieving the goals in the ILP.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter D - CASE DOCUMENTATION › Section 853.30 - Case Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency closes a
				  case when minimal services have been provided enhancing the applicant's
				  independence and the applicant does not need the full array of OIB services, or
				  when the customer's ILP has been completed, typically within 18 months of plan
				  development. The case will be closed sooner without completion of services if:
(1) the customer does not meet eligibility
				  criteria;
(2) the customer is
				  unavailable, for an extended period of time, to complete an assessment of
				  independent living needs and staff has made repeated efforts to contact and
				  encourage the applicant to participate;
(3) the customer has refused services or
				  further services;
(4) the customer
				  is no longer present in Texas;
(5)
				  the customer's whereabouts are unknown;
(6) the customer's medical condition is
				  rapidly progressive or terminal;
(7) the customer has refused to cooperate
				  with the Agency; or
(8) 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 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter E - CUSTOMER'S RIGHTS › Section 853.40 - Rights of Customers

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with applicable legal provisions, the Agency does not, directly or through
				  contractual or other arrangements, exclude, deny benefits to, limit the
				  participation of, or otherwise discriminate against any individual on the basis
				  of age, color, disability, national origin, political belief, race, religion,
				  sex, or sexual orientation. For the purposes of receiving OIB services, the
				  customer must be blind or have a low vision diagnosis or a significant visual
				  impairment as defined in §
										853.1 of this chapter (relating to
				  Definitions); however, that requirement is not considered discrimination
				  against any individual on the basis of disability.
(b) OIB staff shall ensure the customer or
				  the customer's representative, as appropriate, is notified in an accessible
				  format about the rights included in subsection (a) of this section, and §
										853.21 of this chapter (relating
				  to Customer Participation in the Cost of Services), when:
(1) the customer applies for
				  services;
(2) OIB staff determines
				  that a customer is ineligible for services; and
(3) OIB staff intends to terminate
				  services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter E - CUSTOMER'S RIGHTS › Section 853.41 - Right to Appeal

Current through Reg. 49, No. 28; July 12, 2024
A customer has the right to appeal, as set forth in Chapter
					 850 of this title, relating to Vocational Rehabilitation Services
					 Administrative Rules and Procedures.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter A - GENERAL PROVISIONS AND PROGRAM OPERATIONS › Section 854.11 - General Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Objectives.
				  BET objectives shall be:
(1) to provide
				  employment opportunities for qualified individuals; and
(2) to provide an ongoing training program
				  for managers that encourages them to advance their upward mobility career
				  opportunities within the program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter B - LICENSE AND ASSIGNMENTS › Section 854.20 - Eligibility and Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prerequisites for training. To be eligible for BET training, a customer
				  desiring a career with BET as an employment outcome in the vocational
				  rehabilitation program shall:
(1) be at least
				  18 years of age;
(2) be a United
				  States citizen physically present in Texas (a birth certificate or other
				  appropriate documentation must be submitted with the application);
(3) be legally blind as defined by these
				  rules;
(4) be proficient in math,
				  reading, and writing, as demonstrated through CCRC testing, as well as in
				  adaptive technology, including word processing spreadsheet use and e-mail
				  communication, as demonstrated through a CCRC final assessment;
(5) have the physical capability required to
				  perform safely the basic functions of a manager;
(6) have mobility skills to operate a BET
				  facility safely, as documented by a VR counselor or assessment verified by an
				  orientation and mobility instructor;
(7) satisfactorily perform a Work Evaluation
				  Training conducted with a current BET operator;
(8) not have engaged in substance abuse for
				  the previous 12 months; and
(9) be
				  in compliance with state and federal tax laws and not be subject to any tax
				  liens.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter B - LICENSE AND ASSIGNMENTS › Section 854.21 - BET Licenses and Continuing Education Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) Natural persons. Licenses to manage a BET
				  facility shall be issued only to natural persons.
(1) Prerequisites. No individual may be
				  licensed until the individual has satisfactorily completed all required BET
				  training and otherwise continues to satisfy the criteria for entry into
				  BET.
(2) Issuance. A license issued
				  by the Agency shall contain the name of the licensee and the date of issue. The
				  license shall be signed by the VRD director and the BET director on behalf of
				  the Agency and the State of Texas.
(3) Display. The license or a copy of the
				  license shall be displayed prominently in each BET facility to which the
				  manager is assigned.
(4) Property
				  right. A license shall not create any property right for the licensee to state
				  or federal property including state- or federally owned equipment.
(5) Transferability. A license is not
				  transferable.
(6) Term. A license
				  issued by the Agency shall be valid for an indefinite period, subject, however,
				  to termination or revocation under conditions specified in these rules that
				  pertain to termination of a license for reasons other than unsatisfactory
				  performance or administrative action.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter B - LICENSE AND ASSIGNMENTS › Section 854.22 - Initial Assignment Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section defines the process for the initial assignments of managers. It is the
				  goal of the process to provide a fair, unbiased, and impartial process for
				  selection, transfer, and promotion.
(b) Initial assignment. When an individual
				  completes BET training, the BET director shall make the initial assignment for
				  the newly licensed individual. The initial assignment shall be for a minimum of
				  12 months. The BET director shall make the assignment based on the following
				  factors, including but not limited to:
(1)
				  availability of a Level 1 facility;
(2) recommendations from the BET training
				  specialist and the ECM chair;
(3)
				  licensee's training records;
(4)
				  licensee's geographical concerns; and
(5) licensee's compliance with state and
				  federal tax laws and not be subject to any tax liens.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter B - LICENSE AND ASSIGNMENTS › Section 854.23 - Career Advancement Assignment Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Career advancement assignments. This
				  section defines the process for the career advancement assignments of managers.
				  It is the goal of the process to provide a fair, unbiased, and impartial
				  process for selection, transfer, and promotion.
(1) Availability. All career advancement
				  opportunities depend on the availability of BET facilities. No facility with a
				  projected annual income equal to the annual median income level of all managers
				  after set-aside fees shall be used for an initial assignment unless it has been
				  advertised and made available to all licensees in the BET program and no one
				  has been assigned to the facility as a result of the advertising
				  process.
(2) Notice. As BET
				  facilities become available and ready for permanent assignment, written notice
				  of the availability shall be given to all licensees within 30 business
				  days.
(3) On-site visits. An
				  advertised facility shall be available for on-site visits upon reasonable
				  notice by licensees interested in that facility assignment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter B - LICENSE AND ASSIGNMENTS › Section 854.24 - Career Advancement Assignment Application

Current through Reg. 49, No. 28; July 12, 2024
(a) BET application deadline. A licensee may
				  apply for an available facility by applying electronically, by hand, or by mail
				  not later than the 12th business day (exclusive of date of mailing) after the
				  date the facility notice was published. The submission date shall be:
(1) the date the application is delivered
				  electronically or by hand to the Agency; or
(2) three days after postmark of the
				  application in the US postal service, whichever is earlier; or
(3) the date the application is delivered to
				  an overnight courier.