reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 27 - BOARD FOR PROTECTION AND ADVOCACY › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 22VAC27-10-10 through 22VAC27-10-110

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-39.5 of the Code of
					 Virginia (repealed effective January 1,
					 2014).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 22VAC30-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Department for Aging and Rehabilitative Services. This chapter does not apply
					 to regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the
					 Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 51.5-131 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 22VAC30-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 51.5-14 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 22VAC30-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  22VAC30-11-30, the agency shall
				  send the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public icipation Procedures › Section 22VAC30-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity (i) to submit data, views, and
				  arguments, either orally or in writing, to the agency and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public icipation Procedures › Section 22VAC30-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public icipation Procedures › Section 22VAC30-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public icipation Procedures › Section 22VAC30-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public icipation Procedures › Section 22VAC30-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 51.5-14 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public icipation Procedures › Section 22VAC30-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public icipation Procedures › Section 22VAC30-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-20 - Processing referrals and applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Referrals. The department must establish
				and implement standards for the prompt and equitable handling of referrals of
				individuals for vocational rehabilitation services, including referrals of
				individuals made through a one-stop center. The standards must include
				timelines for making good faith efforts to inform these individuals of
				application requirements and to gather information necessary to initiate an
				assessment for determining eligibility and priority for services. (
				34 CFR
				361.41(a) )
B. Applications.
1. Once an individual has submitted an
				application for vocational rehabilitation services, including applications made
				through common intake procedures in one-stop centers under § 121 of the
				Workforce Innovation and Opportunity Act, an eligibility determination shall be
				made within 60 days, unless (i) exceptional and unforeseen circumstances beyond
				the control of the department preclude making a determination within 60 days
				and the department and the individual agree to a specific extension of time; or
				(ii) an exploration of the individual's abilities, capabilities, and capacity
				to perform in work situations is carried out in accordance with
				34
				CFR 361.42(e). (
				34 CFR
				361.41(b) )
2. An individual is considered to have
				submitted an application when the individual or the individual's
				representative, as appropriate (i) has completed and signed an agency
				application form, a common intake application form in a one-stop center
				requesting vocational rehabilitation services, or has otherwise requested
				services from the department; (ii) has provided information to the department
				that is necessary to initiate an assessment to determine eligibility and
				priority for services; and (iii) is available to complete the assessment
				process. (
				34 CFR
				361.41(b)(2) )
3. The department shall ensure that its
				application forms are widely available throughout the state, particularly in
				the one-stop centers. (
				34 CFR
				361.41(b)(3) )
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-30 - Assessment for determining eligibility and priority for services

Current through Register Vol. 40, No. 24, July 15, 2024
In order to determine whether an individual is eligible for
				  vocational rehabilitation services and the individual's priority under an order
				  of selection for services (if the state is operating under an order of
				  selection), the department shall conduct an assessment for determining
				  eligibility and priority for services. The assessment shall be conducted in the
				  most integrated setting possible, consistent with the individual's needs and
				  informed choice, and in accordance with this section.
1. Eligibility requirements are applied
				without regard to :
a. Race;
b. Age;
c. Sex;
d. Color;
e. National origin;
f. Particular service needs;
g. Anticipated costs of services required by
				an applicant;
h. Income level of
				applicant of applicant's family;
i.
				Type of expected employment outcome;
j. Source of referral for vocational
				rehabilitation services;
k.
				Employment history;
l. Current
				employment status;
m. Educational
				status; or
n. Current educational
				credential.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-40 - Eligibility determination

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Basic requirements. The department's determination of an applicant's
				eligibility for vocational rehabilitation services shall be based only on the
				following requirements:
(i) a determination
				by qualified personnel that the applicant has a physical or mental impairment;
(ii) a determination by qualified
				personnel that the applicant's physical or mental impairment constitutes or
				results in a substantial impediment to employment for the applicant;
(iii) a presumption, in accordance with
				subsection B of this section, that the applicant can benefit in terms of an
				employment outcome from the provision of vocational rehabilitation services;
				and
(iv) a determination by a
				qualified vocational rehabilitation counselor employed by the department that
				the applicant requires vocational rehabilitation services to prepare for,
				secure, retain, advance in, or regain employment consistent with the
				applicant's unique strengths, resources, priorities, concerns, abilities,
				capabilities, interests, and informed choice.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-70 - Certification of eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
Before developing an individualized plan for employment as
				  specified in
				  22VAC30-20-110,
				  the department shall certify that the applicant has met the basic eligibility
				  requirements as specified in subsection A of
				  22VAC30-20-40.
Statutory Authority: §
											51.5-131
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-80 - Procedures for ineligibility determination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certification of ineligibility. If the
				department determines that an applicant is ineligible for vocational
				rehabilitation services or determines that an individual receiving services
				under an individualized plan for employment is no longer eligible for services,
				the department shall:
1. Make the
				determination only after providing an opportunity for full consultation with
				the individual or, as appropriate, with the individual's
				representative;
2. Inform the
				individual in writing, supplemented as necessary by other appropriate modes of
				communication consistent with the informed choice of the individual, of the
				ineligibility determination, including the reasons for that determination, the
				requirements under this section and the means by which the individual may
				express and seek remedy for any dissatisfaction, including the procedures for
				review of a department personnel determination in accordance with
				22VAC30-20-181;
3. Provide the individual with a description
				of services available under the Client Assistance Program and information on
				how to contact that program;
4.
				Refer the individual (i) to other training or employment-related programs that
				are part of the one-stop service delivery system that can address the
				individual's training or employment related needs or (ii) if the ineligibility
				determination is based on a finding that the individual is incapable of
				achieving or has chosen not to pursue an employment outcome as defined in
				22VAC30-20-10, to
				federal, state, or local programs or service providers, including as
				appropriate, independent living programs and extended employment providers,
				best suited to meet the individual's rehabilitation needs; and
5. Review within 12 months and annually
				thereafter if requested by the individual or, if appropriate, by the
				individual's representative, any ineligibility determination that is based on a
				finding that the individual is incapable of achieving an employment outcome.
				The review need not be conducted in situations in which the individual has
				refused it, the individual is no longer present in Virginia, the individual's
				whereabouts are unknown, or the individual's medical condition is rapidly
				progressive or terminal.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-90 - Order of selection for services

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the event that the full range of
				vocational rehabilitation services cannot be provided to all eligible
				individuals who apply for services because of insufficient resources, an order
				of selection system may be implemented by the commissioner following
				consultation with the State Rehabilitation Council. The order of selection
				shall determine those persons to be provided services. It shall be the policy
				of the department to encourage referrals and applications of all persons with
				disabilities and, to the extent resources permit, provide services to all
				eligible persons.
The following order of selection is implemented when services
				  cannot be provided to all eligible persons:
1. Persons eligible and presently receiving
				services under an individualized plan for employment;
2. Persons referred and needing diagnostic
				services to determine eligibility; and
3. Persons determined to be eligible for
				services, but not presently receiving services under an individualized plan for
				employment, shall be served according to the following order of priorities:
a. Priority I. An individual with a most
				significant disability in accordance with the definition in
				22VAC30-20-10;
b. Priority II. An individual with a
				significant disability that results in a serious functional limitation in at
				least one functional capacity; and
c. Priority III.
Other persons determined to be disabled, in order of
				  eligibility determination.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-95 - Information and referral services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall implement an
				information and referral system adequate to ensure that individuals with
				disabilities, including eligible individuals who do not meet the department's
				order of selection criteria for receiving vocational rehabilitation services if
				the department is operating under an order of selection, are provided accurate
				vocational rehabilitation information and guidance (which may include
				counseling and referral for job placement) using appropriate modes of
				communication to assist them in preparing for, securing, retaining, or
				regaining employment.
B. The
				department shall refer individuals with disabilities to other appropriate
				federal and state programs, including other components of the statewide
				workforce investment system. In making these referrals, the department shall:
1. Refer the individuals to federal or state
				programs, including programs carried out by other components of the statewide
				workforce development system, best suited to address the specific
				rehabilitation, independent living and employment needs of an individual with a
				disability who makes an informed choice not to pursue an employment outcome
				under the vocational rehabilitation program;
2. Inform the individual that services under
				the vocational rehabilitation program can be provided to eligible individuals
				in extended employment if necessary for purposes of training or otherwise
				preparing for employment in an integrated setting;
3. Inform the individual that if he initially
				chooses not to pursue an employment outcome, he can seek services from the
				department at a later date if, at that time, he chooses to pursue an employment
				outcome;
4. Refer the individual,
				as appropriate, to the Social Security Administration in order to obtain
				information concerning the ability of individuals with disabilities to work
				while receiving benefits from the Social Security Administration; and
5. Provide the individual who is being
				referred (i) a notice of the referral by the department to the agency carrying
				out the program; (ii) information identifying a specific point of contact
				within the agency to which the individual is being referred; and (iii)
				information and advice regarding the most suitable services to assist the
				individual to prepare for, secure, retain, or regain employment.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-120 - Scope of vocational rehabilitation services for individuals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pre-employment
				transition services. The department, in collaboration with the local education
				agencies involved, shall provide or arrange for the provision of pre-employment
				transition services for all students with disabilities as defined in
				22VAC30-20-10 who are
				in need of such services regardless of whether the student has applied or been
				determined eligible for vocational rehabilitation service.
1. The department shall provide the following
				required pre-employment transition services:
a. Job exploration counseling;
b. Work-based learning experiences, which may
				include in-school or after school opportunities, or experience outside the
				traditional school setting (including internships), provided in an integrated
				environment to the maximum extent possible;
c. Counseling on opportunities for enrollment
				in comprehensive transition or postsecondary educational programs at
				institutions of higher education;
d. Workplace readiness training to develop
				social skills and independent living; and
e. Instruction in self-advocacy (including
				instruction in person-centered planning), which may include peer mentoring
				(including peer mentoring from individuals with disabilities working in
				competitive integrated employment).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-130 - Individuals determined to have achieved an employment outcome

Current through Register Vol. 40, No. 24, July 15, 2024
An individual is determined to have achieved an employment
				  outcome and the record of service may be closed only if all of the following
				  requirements are met:
1. The provision
				of services under the individual's individualized plan for employment has
				contributed to the achievement of an employment outcome;
2. The employment outcome is consistent with
				the employment outcome described in the individualized plan for employment and
				with the individual's unique strengths, resources, priorities, concerns,
				abilities, capabilities, interests, and informed choice;
3. The employment outcome is in a competitive
				integrated setting;
4. The
				individual has maintained the employment outcome for a period of at least 90
				days;
5. At the end of the
				applicable period under this section, the individual and the rehabilitation
				counselor or coordinator consider the employment outcome to be satisfactory and
				agree that the individual is performing well on the job; and
6. The individual is informed through the
				appropriate modes of communication of the availability of post-employment
				services.
Statutory Authority: §
											51.5-131
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-140 - Authorization of services

Current through Register Vol. 40, No. 24, July 15, 2024
Written authorization for services shall be made, either
				  before or at the same time as the purchase of services. When an oral
				  authorization is given in an emergency situation, there shall be prompt
				  documentation and the authorization shall be confirmed in writing and forwarded
				  to the provider of the services.
Statutory Authority: § 51.5-131 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-150 - Written standards for facilities and providers of services

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall establish, maintain, make available to
				  the public, and implement written minimum standards for the various types of
				  facilities and providers of services used by the department in providing
				  vocational rehabilitation services, in accordance with the following
				  requirements:
1. Accessibility of
				facilities. Any facility in which vocational rehabilitation services are
				provided must be accessible to individuals receiving services and must comply
				with the requirements of the Architectural Barriers Act of 1968, the Americans
				with Disabilities Act of 1990, and § 504 of the Act, as amended, and
				regulations implementing these laws.
2. Personnel standards.
a. Qualified personnel. Providers of
				vocational rehabilitation services shall use qualified personnel, in accordance
				with any applicable national or state approved or recognized certification,
				licensing, or registration requirements or, in the absence of these
				requirements, other comparable requirements (including state personnel
				requirements) that apply to the profession or discipline in which that category
				of personnel is providing vocational rehabilitation services.
b. Affirmative action. Providers of
				vocational rehabilitation services shall take affirmative action to employ and
				advance in employment qualified individuals with disabilities covered under and
				on the same terms and conditions as in § 503 of the Act.
c. Special communication needs personnel.
				Providers of vocational rehabilitation services shall include among their
				personnel, or obtain the services of, individuals able to communicate in the
				native languages of applicants and eligible individuals who have limited
				English speaking ability and ensure that appropriate modes of communication for
				all applicants and eligible individuals are used.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-160 - Participation of individuals in the cost of services based on financial need

Current through Register Vol. 40, No. 24, July 15, 2024
A. A financial
				needs test is established because of the limited resources of the
				department.
B. A financial needs
				test shall be utilized to determine the extent of participation by eligible
				individuals or individuals receiving services during an extended evaluation in
				the cost of vocational rehabilitation services.
1. The department shall maintain written
				policies covering the determination of financial need.
2. The state plan must specify the types of
				vocational rehabilitation services for which the department has established a
				financial needs test. No financial needs test shall be applied and no financial
				participation shall be required as a condition for furnishing the following
				vocational rehabilitation services: assessment for determining eligibility and
				priority for services, except those nonassessment services that are provided
				during an extended evaluation for an individual with a significant disability;
				assessment for determining vocational rehabilitation needs; counseling,
				guidance, and referral services; interpreter and reader services; personal
				assistance services; placement services; on-the-job training; and unpaid work
				experience. Also excluded from financial participation shall be services
				necessary to assist in the diagnostic and evaluation process, such as
				transportation, maintenance, and interpreter service for the deaf. Services
				that require a financial needs test are physical and mental restoration;
				training other than on-the-job training ; maintenance; transportation; services
				to family members; telecommunications; recruitment and training services;
				post-employment services ; occupational licenses and other goods and
				services.
3. The policies shall be
				applied uniformly to all individuals in similar circumstances; the policies may
				require different levels of need for different geographic regions in the state,
				but shall be applied uniformly to all individuals within each geographic
				region; and the policies shall ensure that the level of an individual's
				participation in the cost of vocational rehabilitation services is reasonable
				based on the individual's financial need, including consideration of any
				disability-related expenses paid by the individual, and not so high as to
				effectively deny the individual a necessary service.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-170 - Availability of comparable services and benefits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to providing any vocational
				rehabilitation services to an eligible individual or to members of the
				individual's family, except those services listed in subsection D of this
				section, the department shall determine whether comparable services and
				benefits as defined in
				22VAC30-20-10 exist
				under any other program and whether those services and benefits are available
				to the individual.
B. If comparable
				services or benefits exist under any other program and are available to the
				eligible individual at the time needed to achieve the rehabilitation objectives
				in the individual's individualized plan for employment, the department shall
				use those comparable services or benefits to meet, in whole or in part, the
				cost of vocational rehabilitation services.
C. If comparable services or benefits exist
				under any other program but are not available to the individual at the time
				needed to ensure the progress of the individual toward achieving the employment
				outcome in the individual's individualized plan for employment, the department
				shall provide vocational rehabilitation services until those comparable
				services and benefits become available.
D. The following services shall be exempt
				from a determination of the availability of comparable services and benefits
				under subsection A of this section: assessment for determining eligibility and
				priority for services; assessment for determining vocational rehabilitation
				needs; vocational rehabilitation counseling, guidance, and referral services;
				job-related services, including job search and placement services; job
				retention services; follow-up services; rehabilitation technology; and
				post-employment services consisting of those services listed in this
				subsection.
E. The requirements of
				subsection A of this section shall not apply if the determination of the
				availability of comparable services and benefits under any other program would
				interrupt or delay (i) the progress of the individual toward achieving the
				employment outcome identified in the individualized plan for employment; (ii)
				an immediate job placement; or (iii) the provision of vocational rehabilitation
				services to any individual who is determined to be at extreme medical risk
				based on medical evidence provided by an appropriate qualified medical
				professional.
Statutory Authority: §
											51.5-131
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-181 - Review of determinations made by the department

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant, an eligible individual, a
				recipient of services, or, if appropriate, an individual's representative who
				is dissatisfied with any determination made by department personnel that
				affects the provision of vocational rehabilitation services may request a
				timely review of the determination.
B. Informal dispute resolution.
1. A request for review shall be made within
				60 days after the determination. The applicant, eligible individual, or, if
				appropriate, the individual's representative may request a meeting with the
				supervisor of the staff member who made the determination and request an
				informal administrative review conducted by the supervisor. Recipients of
				services who are not receiving vocational rehabilitation services may be
				offered access to the informal dispute resolution process at the discretion of
				the supervisor.
2. Within 10
				working days of the request, the supervisor shall send a written decision and
				grounds to the applicant or eligible individual, with a copy to the
				individual's representative, if applicable, and it shall become part of the
				case record.
3. The informal
				dispute resolution process shall not be used to deny or delay the right to
				proceed directly to a hearing conducted and concluded within the time period
				established under subdivision D 1 of this section.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-190 - Protection, use, and release of personal information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Purpose. The purpose is to establish
				policies and procedures to protect current and stored personal information and
				for the proper dissemination of this information in accordance with the
				statutes of the Code of Virginia, Virginia Freedom of Information Act, Virginia
				Privacy Protection Act, and the Workforce Innovation and Opportunity Act.
				Clients shall be referred to as data subjects in this section.
B. Application. This applies to all employees
				of the department, consultants, affiliates and volunteers.
C. Policies. The department shall:
1. Comply with state statutes when releasing
				any information regarding data subjects by:
a. Disclosing information or records to the
				data subject who is 18 years old, except:
(1)
				If data subject has been legally declared as incompetent then the right to
				access information has been granted to the individual or committee which has
				been appointed as guardian, authorized agents or representatives.
(2) When the treating physician has written
				on a mental or medical record: "In my opinion a review of such records by the
				data subject would be injurious to the data subject's physical or mental health
				or well being." This does not preclude access to that report by authorized
				agents or representatives. The treating physician is the only professional who,
				by statute, has the authority to label and deny access to a mental record by
				the data subject. Access to other information is not restricted.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-195 - Youth with disabilities seeking subminimum wage employment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to youth
				with disabilities starting subminimum wage employment, the department shall
				provide youth with disabilities documentation upon completion of the following
				actions:
1. Appropriate pre-employment
				transition services available to a student with a disability under subsection A
				of
				22VAC30-20-120
				or transition services under IDEA.
2. Application for vocational rehabilitation
				services in accordance with subsection B of
				22VAC30-20-20
				with the result that the individual was determined:
a. Ineligible for vocational rehabilitation
				services in accordance with
				22VAC30-20-80;
				or
b. Eligible for vocational
				rehabilitation services in accordance with 22VAC30-20-40 and(i) has an approved
				individualized plan for employment in accordance with
				22VAC30-20-110;
				(ii) was unable to achieve the employment outcome specified in the
				individualized plan for employment despite working toward the employment
				outcome with reasonable accommodations and appropriate supports for a
				reasonable period of time; and (iii) the case record of service with vocational
				rehabilitation for the youth with a disability has been closed.
3. Receipt of career counseling
				and information and referral from the department to state, federal, and other
				resources in the individual's geographic area that offer employment related
				services and supports designed to enable the individual to explore and obtain
				competitive integrated employment. The career counseling and information and
				referral services shall:
a. Be provided in a
				manner that facilitates informed choice and decision making by the youth or the
				youth's representative as appropriate;
b. Not be for subminimum wage employment and
				did not directly result in employment compensated at a subminimum wage;
				and
c. Be provided within 30
				calendar days of closure of the vocational rehabilitation case record of
				service.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-200 - Review of extended employment and other employment under special certificate provisions of the Fair Labor Standards Act

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the first two years after an
				individual's record of services is closed , the department shall semiannually
				review and reevaluate the status of each individual (i) determined by the
				department to have achieved an employment outcome in which the individual is
				compensated in accordance with § 14(c) of the Fair Labor Standards Act ;
				(ii) whose record of services is closed while the individual is in extended
				employment on the basis that the individual is unable to achieve an employment
				outcome consistent with
				22VAC30-20-10; or
				(iii) who made an informed choice to remain in extended employment. After the
				first two years, the reviews shall be conducted annually. The review and
				reevaluation shall include input from the individual or, if appropriate, the
				individual's representative to determine the interests, priorities, and needs
				of the individual with respect to competitive integrated employment.
B. The department shall make maximum effort,
				including the identification of vocational rehabilitation services, reasonable
				accommodations, and other support services, to enable the eligible individual
				to engage in competitive integrated employment.
C. The department shall obtain the signed
				acknowledgment of the individual, or, as appropriate, the individual's
				representative that the annual review and reevaluations have been
				conducted.
Statutory Authority: §
											51.5-131
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-210 - Agency responsibilities to individuals with disabilities during subminimum wage employment

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall provide individuals with disabilities, regardless of age, who
				are known to the department to be employed at subminimum wage the following:
1. Counseling and information services that
				(i) are provided in a manner understandable to the individual with a
				disability, (ii) facilitate the independent decision making and informed choice
				as the individual makes decisions regarding opportunities for competitive
				integrated employment, particularly with respect to supported employment and
				customized employment, and (iii) may include benefits counseling, particularly
				with regard to the impact of earned income on income-based financial, medical,
				and other benefits.
2. For
				individuals with a disability, information about (i) self-advocacy, (ii)
				self-determination, and (iii) peer mentoring training opportunities available
				in the community within 30 calendar days of being referred by an employer, or
				contractor or subcontractor of that employer, that holds special wage
				certificate described in § 14(c) of the federal Fair Labor Standards Act
				and has fewer than 15 employees.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
"Act" means the federal Rehabilitation Act of 1973 ( 29 USC
					 § 701 et seq.), as amended.
"Advocacy" means pleading an individual's cause or speaking
					 or writing in support of an individual. To the extent permitted by state law or
					 the rules of the agency before which an individual is appearing, a nonlawyer
					 may engage in advocacy on behalf of another individual. Advocacy may:
1. Involve representing an individual:
a. Before private entities or organizations,
				  government agencies (whether state, local, or federal), or in a court of law
				  (whether state or federal); or
b.
				  In negotiations or mediation, in formal or informal administrative proceedings
				  before government agencies (whether state, local, or federal), or in legal
				  proceedings in a court of law; and
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-20 - Eligibility for independent living (IL) services

Current through Register Vol. 40, No. 24, July 15, 2024
A. An individual with a significant
				  disability is eligible for IL services under the Independent Living Services
				  program and Centers for Independent Living Program authorized under Chapter 1 (
				  29 USC § 796 et seq.) of Title VII of the Act. Regarding information and
				  referral services, anyone may seek information about IL services under these
				  programs and may request referral to other services and programs for
				  individuals with significant disabilities, as appropriate.
B. The service provider shall apply
				  eligibility requirements without regard to age, color, creed, gender, national
				  origin, race, religion, or type of significant disability of the individual
				  applying for IL services. The service provider shall not impose any state or
				  local residence requirement that excludes under the state plan any individual
				  who is present in Virginia and who is otherwise eligible for IL services from
				  receiving IL services.
C. Before or
				  at the same time as an applicant for IL services may begin receiving IL
				  services funded under this part, the service provider shall determine the
				  applicant's eligibility and shall maintain documentation that the applicant has
				  met the basic eligibility requirements. The documentation must be dated and
				  signed by an appropriate staff member of the service provider.
D. If the state contracts with or awards a
				  grant to a center for the general operation of the center, the state shall
				  delegate to the center the determination of an individual's eligibility for
				  services from that center. If the state contracts with or awards a grant to a
				  third party to provide specific IL services, the state may choose to delegate
				  to the IL service provider the determination of eligibility for these services
				  and the development of an IL plan for individuals who receive these
				  services.
Statutory Authority
§ 51.5-14 of the Code of Virginia.