reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 20 - REGULATIONS TO GOVERN THE OPERATION OF VENDING FACILITIES IN PUBLIC BUILDINGS AND OTHER PROPERTY › Part V - Vendor's Rights and Appeals › Section 22VAC45-20-140 - Administrative review of blind vendor grievance

Current through Register Vol. 40, No. 24, July 15, 2024
The administrative review provides a blind vendor or his
					 representative an opportunity to express and seek remedy for his
					 dissatisfactions with any agency action arising from the operation or
					 administration of the vending facility program. The administrative review
					 procedures shall be as follows:
A. A
				  blind vendor or his designee (who may be a member of the vending facility
				  vendors council) may request in writing, within 15 working days of the
				  occurrence of the action, administrative review of an agency action relating to
				  the operation or administration of the vending facility program with which the
				  blind vendor is aggrieved. The administrative review will be conducted by a
				  member or members of the administrative staff of the department or its nominee
				  who has not participated in the agency action in question.
B. The administrative review shall be held at
				  a time and place convenient to the blind vendor requesting such review. The
				  administrative review should be held during regular agency working hours at a
				  district or local office location.
C. An administrative review shall be
				  conducted within 15 working days of receipt by the department of such a written
				  request.
D. Transportation, reader,
				  or other communication services, if needed, shall be arranged for the blind
				  vendor by the department.
E.
				  Documentation as to written requests for administrative review, actions, and
				  decisions resulting from them shall be maintained as part of the official
				  record of the administrative review process.
F. When an administrative review does not
				  resolve a dispute to the satisfaction of a blind vendor, such blind vendor may
				  request of the department a full evidentiary hearing.
Statutory Authority
§§ 51.5-65 and 51.5-78 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 20 - REGULATIONS TO GOVERN THE OPERATION OF VENDING FACILITIES IN PUBLIC BUILDINGS AND OTHER PROPERTY › Part V - Vendor's Rights and Appeals › Form - FORMS (22VAC45-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Licensing Agreement.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-10 - General

Current through Register Vol. 40, No. 24, July 15, 2024
It is the policy of the Commonwealth of Virginia through the
				  Department for the Blind and Vision Impaired to assist persons who are blind
				  and organizations established to aid persons who are blind in the sale of goods
				  and articles that are the product of the labor of a person who is blind by
				  providing a means of authenticating the source of such goods and articles and
				  by preventing misrepresentation.
In implementing this policy, this chapter shall govern and
				  form the basis for enforcing the policy under §§ 51.5-101 through
				  51.5-105 of the Code of Virginia.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-20 - Application for registration

Current through Register Vol. 40, No. 24, July 15, 2024
A person, firm, or organization engaged in the manufacture,
				  sale, or distribution in the Commonwealth of Virginia of any goods and articles
				  purporting or in any manner represented to have been made by a person who is
				  blind shall apply to the Department for the Blind and Vision Impaired
				  (department) for registration to use a label or symbol designed or approved by
				  the department to identify such goods and articles as made by blind
				  persons.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-30 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The application shall disclose fully the identity and
				  address of the applicant and include a descriptive list of goods and articles
				  proposed to be made by a person who is blind and that may be labeled as "Made
				  by a person who is blind." The applicant shall furnish additional information
				  requested by the Department for the Blind and Vision Impaired (department)
				  relevant to compliance by the applicant with the provisions of § 51.5-60
				  of the Code of Virginia, including a medical eye report documenting that the
				  person making the goods is a blind person as described in § 51.5-60. This
				  documentation shall be retained by the applicant for the duration the applicant
				  wishes to sell the goods and shall be updated the earlier of every two years or
				  when a significant change in the person's vision occurs. Persons who are blind
				  shall perform at least 75% of the labor to produce the product.
The department shall verify, or require verification of, all
				  information submitted by the application; and to this end, may require the
				  applicant to submit samples for examination and may cause its authorized
				  representatives to visit the site of manufacture for
				  inspection.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-40 - Product requirements

Current through Register Vol. 40, No. 24, July 15, 2024
No organization representing itself as established for the
				  purpose of selling products made by persons who are blind exclusively shall
				  carry in stock or sell any merchandise where less than 75% of the direct labor
				  to produce the product was performed by persons who are blind and so
				  identified. An organization violating this section shall be ineligible for
				  registration and permit under §§ 51.5-101 through 51.105 of the Code
				  of Virginia. The registration of an organization shall be suspended upon a
				  violation of this section, and it may not be reregistered as long as such
				  violation continues.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-50 - Labeling

Current through Register Vol. 40, No. 24, July 15, 2024
No goods or articles made in this Commonwealth or elsewhere
				  may be displayed, advertised, offered for sale, or sold in this Commonwealth
				  upon the representation that they are made by persons who are blind unless such
				  goods or articles are identified as such by a label or symbol prescribed or
				  approved by the Department for the Blind and Vision Impaired (department). The
				  "Skilcraft" trademark registered by National Industries for the Blind is
				  acceptable by the department as an approved identification.
All such goods shall be so labeled as to disclose the name of
				  the manufacturer and the place of manufacture. Agencies manufacturing
				  "Skilcraft" products approved by National Industries for the Blind may use the
				  "shop identification code number" assigned by National Industries for the Blind
				  in lieu of the name and address of the manufacturer.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-60 - Duration of registration

Current through Register Vol. 40, No. 24, July 15, 2024
A registration issued under §§ 51.5-101 through
				  51.5-105 of the Code of Virginia and this chapter shall be valid for one year ,
				  but it may be renewed upon application in writing submitted to the Department
				  for the Blind and Vision Impaired not less than 60 days prior to its expiration
				  . If an application for registration renewal is not submitted at least 60 days
				  prior to such expiration, the renewal may be withheld for 60 days following
				  submission of the application.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-70 - Suspension of registration

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt of information indicating violation of any of
				  the provisions of §§ 51.5-101 through 51.5-105 of the Code of
				  Virginia or of this chapter by a person, firm, or organization registered , the
				  Department for the Blind and Vision Impaired may suspend such registration
				  after giving such person, firm, or organization an opportunity, upon not less
				  than 10 days' written notice , to show cause why such registration should not
				  be suspended.
Unless and until such suspension is rescinded, the suspended
				  person, firm, or organization shall desist from the sale or distribution of any
				  goods and articles represented to be made by persons who are
				  blind.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-80 - Soliciting prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
Using the registration issued pursuant to §§
				  51.5-101 through 51.5-105 of the Code of Virginia and this chapter as a means
				  of soliciting contribution of money is expressly forbidden. The registration of
				  any person, firm, or organization found to be so soliciting contributions may
				  be suspended by the Department for the Blind and Vision Impaired for not more
				  than 90 days for an initial offense and indefinitely for a subsequent
				  offense.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-90 - Grounds for denying registration

Current through Register Vol. 40, No. 24, July 15, 2024
Exploitation of the public by indicating or implying that a
				  good or article is being sold on behalf of the Department for the Blind and
				  Vision Impaired, or that the proceeds shall accrue to persons who are blind,
				  when it is not true, shall be grounds for denying registration
				  .
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-100 - Profit-making statement

Current through Register Vol. 40, No. 24, July 15, 2024
The following statement shall appear on the face of a
				  registration issued by the Department for the Blind and Vision Impaired to a
				  business or organization that is essentially engaged in profit making : "This
				  is a profit making enterprise."
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 30 - GENERAL › Section 22VAC45-30-110 - Applicability of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall not apply to a person who is blind who
				  manufactures and sells products of his own labor only, nor production
				  facilities operated by the Department for the Blind and Vision Impaired.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part I - Introduction › Section 22VAC45-50-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part II - Referral and Eligibility › Section 22VAC45-50-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part II - Referral and Eligibility › Section 22VAC45-50-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part II - Referral and Eligibility › Section 22VAC45-50-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part II - Referral and Eligibility › Section 22VAC45-50-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part III - Services › Section 22VAC45-50-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part III - Services › Section 22VAC45-50-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part III - Services › Section 22VAC45-50-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part III - Services › Section 22VAC45-50-90

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part IV - Program Procedures and Reviews › Section 22VAC45-50-100

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part IV - Program Procedures and Reviews › Section 22VAC45-50-110

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part V - Financial Participation › Section 22VAC45-50-120

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part VI - Client's Rights › Section 22VAC45-50-130

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part VI - Client's Rights › Section 22VAC45-50-140

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part VI - Client's Rights › Section 22VAC45-50-150

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 51.5-66 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 50 - Regulation Governing Provisions of Services in Vocational Rehabilitation › Part VI - Client's Rights › Form - FORMS (22VAC45-50)

Current through Register Vol. 40, No. 24, July 15, 2024
Terms and Conditions for DVH Sponsored College Students,
					 DVH-04-037A (eff. 4/94).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-20 - Protection, use, and release of personal information (34 CFR 36138)

Current through Register Vol. 40, No. 24, July 15, 2024
A. General
				provisions. DBVI shall safeguard the confidentiality of all personal
				information, including photographs and lists of names to ensure that:
1. Current and stored personal information is
				protected;
2. All applicants and
				eligible individuals and, as appropriate, those individuals' representatives,
				service providers, cooperating agencies, and interested persons are informed
				through appropriate modes of communication of the confidentiality of personal
				information and the conditions for accessing and releasing this
				information;
3. All applicants or
				their representatives are informed about DBVI's need to collect personal
				information and the policies governing its use including:
a. The purposes for which DBVI intends to use
				or release the information;
b. An
				explanation of whether providing requested information is mandatory or
				voluntary and the effects of not providing requested information;
c. Identification of those situations in
				which DBVI requires or does not require the informed written consent of the
				individual before information may be released; and
d. Identification of other agencies to which
				information is routinely released; and
4. An explanation of DBVI policies and
				procedures affecting personal information shall be provided to each individual
				in that individual's native language or through the appropriate mode of
				communication.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-30 - Processing referrals and application

Current through Register Vol. 40, No. 24, July 15, 2024
A. DBVI has established and implemented
				standards for the prompt and equitable handling of applications of individuals
				for vocational rehabilitation services. These standards include timelines for
				making good faith efforts to inform individuals of application requirements and
				to gather information necessary to initiate an assessment for determining
				eligibility and priority for services.
1. An
				individual shall be considered to have submitted an application for vocational
				rehabilitation services from DBVI when the individual or the individual's
				representative, as appropriate:
a. Has
				completed and signed a DBVI vocational rehabilitation services application
				form, which is available at the six DBVI regional offices, DBVI Headquarters,
				and on the DBVI website;
b. Has
				completed a common intake application form in a one-stop center requesting
				vocational rehabilitation services; or
c. Has otherwise requested vocational
				rehabilitation services from DBVI; and
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-40 - Eligibility for vocational rehabilitation services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The DBVI Vocational Rehabilitation Program
				shall serve only individuals who are blind or who have significant visual
				impairment and have attained the age of 14 years. DBVI and the Virginia
				Department for Aging and Rehabilitative Services shall identify client
				populations served by each agency through a cooperative agreement.
B. Any qualified applicant residing in
				Virginia shall be served by the DBVI Vocational Rehabilitation Program.
				Services may be provided to otherwise qualified non-U.S. citizens who can
				produce a permanent or working visa, or their green card registration number.
				Copies of these documents shall be retained in the applicant's case service
				record.
C. DBVI shall conduct an
				initial assessment to determine whether an applicant is eligible for vocational
				rehabilitation services and to determine the individual's priority under an
				order of selection for services if DBVI is operating under an order of
				selection pursuant to 22VAC45-51-60. The initial assessment must be conducted
				in the most integrated setting possible, consistent with the individual's needs
				and informed choice. The applicant for vocational rehabilitation services may
				use a qualified service provider of his choice in obtaining necessary
				assessments to determine eligibility for services and priority for
				services.
D. Qualified applicants
				shall be assessed as meeting the following eligibility criteria to receive
				vocational rehabilitation services from DBVI:
1. The [ individual ] shall meet the criteria
				of being blind or visually impaired through one or more of the following:
a. The individual has a visual impairment
				that results in functional limitations related to obtaining, regaining, or
				maintaining employment and causes the individual to require the specialized
				services available through DBVI;
b.
				The individual , in the opinion of a qualified ophthalmologist [ or
				optometrist, has a rapidly progressive eye condition that causes or shall ]
				cause the individual to experience functional limitations related to obtaining,
				regaining, or maintaining employment and causes the individual to require the
				specialized services available through DBVI [ ; ] or
c. The individual is in a situation where eye
				treatment or surgery, or both, are recommended and there are functional
				limitations in performing employment duties.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-50 - Comprehensive assessment of qualifications for individualized plans of employment

Current through Register Vol. 40, No. 24, July 15, 2024
Once it is determined that an individual is eligible for DBVI
				  vocational rehabilitation services, to the extent additional data are necessary
				  to make a determination of the employment outcomes and the nature and scope of
				  vocational rehabilitation services to be included in the individualized plan
				  for employment of an eligible individual, a comprehensive assessment shall be
				  conducted to determine the unique strengths, resources, priorities, concerns,
				  abilities, capabilities, interests, and informed choice, including the need for
				  supported employment, of the individual. This comprehensive assessment:
1. Shall be limited to information that is
				necessary to identify the rehabilitation needs of the individual and to develop
				the individualized plan of employment of the eligible individual.
2. Shall be used as a primary source of
				information to the maximum extent possible, as appropriate, and in accordance
				with confidentiality requirements may include:
a. Existing information obtained for the
				purposes of determining the eligibility of the individual and assigning
				priority for an order of selection for the individual; and
b. Information that can be provided by the
				individual and, if appropriate, by the family of the individual.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-60 - Order of selection for services

Current through Register Vol. 40, No. 24, July 15, 2024
A. When DBVI is unable to serve all
				potentially eligible individuals due to insufficient funds, an order of
				selection for vocational rehabilitation services shall be implemented. The
				order of selection shall consist of a group of categories that designate who
				shall be served first based on:
1. The
				individual's blindness or visual impairment including secondary disabling
				conditions;
2. Whether the
				individual's blindness or visual impairment profoundly or significantly limits
				one or more life activities such as mobility, communication, self-care,
				interpersonal skills, self-direction, work tolerance, or work skills in terms
				of achieving an employment outcome; and
3. The number of vocational rehabilitation
				services required over an extended period of time.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-80 - Development of the individualized plan for employment

Current through Register Vol. 40, No. 24, July 15, 2024
A. General requirements.
1. As described in 22VAC45-51-50, DBVI shall
				conduct an assessment for determining vocational rehabilitation needs, if
				appropriate, for each eligible individual, or if DBVI is operating under an
				order of selection, for each eligible individual to whom DBVI is able to
				provide vocational rehabilitation services. The purpose of the assessment is to
				determine the employment outcome and the nature and scope of vocational
				rehabilitation services to be included in the individualized plan for
				employment.
2. The IPE shall be
				developed and implemented within 90 days for each individual determined
				eligible for vocational rehabilitation services, or if DBVI is operating under
				an order of selection, for each eligible individual to whom DBVI is able to
				provide vocational rehabilitation services. DBVI shall take into consideration
				the needs of the individual and if an IPE cannot be developed within 90 days
				because a vocational goal cannot yet be established, DBVI and the individual
				shall agree upon an extension.
3.
				Vocational rehabilitation services shall be provided in accordance with the
				provisions of the IPE.
4. The IPE
				shall:
a. Be designed to achieve the specific
				employment outcome selected by the individual consistent with the individual's
				unique strengths, resources, priorities, concerns, abilities, capabilities,
				interests, and informed choice; and
b. To the maximum extent appropriate, result
				in employment in an integrated setting.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-90 - Provision of services for individuals who are blind or visually impaired

Current through Register Vol. 40, No. 24, July 15, 2024
The provision of vocational rehabilitation services shall be
				  based on the rehabilitation needs of each individual as identified in that
				  individual's IPE and shall be consistent with the individual's informed choice.
				  DBVI shall not place arbitrary limits on the nature and scope of vocational
				  rehabilitation services to be provided to the individual to achieve an
				  employment outcome:
1. In-state
				vocational rehabilitation services shall be preferred provided that the
				preference does not effectively deny an individual a necessary vocational
				rehabilitation service. If the individual chooses an out-of-state vocational
				rehabilitation service at a higher cost than an in-state vocational
				rehabilitation service and if either vocational rehabilitation service would
				meet the individual's rehabilitation needs, DBVI shall not be responsible for
				those costs in excess of the cost of the in-state vocational rehabilitation
				service.
2. DBVI shall maintain
				written policies governing the rates of payment for all purchased vocational
				rehabilitation services.
3. DBVI
				shall maintain a fee schedule designed to ensure a reasonable cost to the
				program for each vocational rehabilitation service that is not so low as to
				effectively deny an individual a necessary vocational rehabilitation service
				and not absolute and permits exceptions so that individual needs can be
				addressed.
4. DBVI shall not place
				absolute dollar limits on specific vocational rehabilitation service categories
				or on the total vocational rehabilitation services provided to an
				individual.
5. DBVI shall not
				establish absolute time limits on the provision of specific vocational
				rehabilitation services or on the provision of vocational rehabilitation
				services to an individual. The duration of each vocational rehabilitation
				service needed by an individual shall be determined on an individual basis and
				reflected in that individual's IPE.
6. DBVI shall authorize vocational
				rehabilitation services in a timely manner.
7. Written authorizations shall be made
				either before or at the same time as the purchase of vocational rehabilitation
				services. An oral authorization may be given in an emergency situation, and the
				nature of the emergency, the specific authorization given, and the manner in
				which the authorization was made shall be documented in the individual's case
				file, and the authorization shall be confirmed in writing and forwarded to the
				provider of vocational rehabilitation services.
Statutory Authority: § 51.5-66 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-100 - Participation of individuals in the cost of services based on financial need

Current through Register Vol. 40, No. 24, July 15, 2024
A. Individuals
				shall be required to participate in the costs of vocational rehabilitation
				services listed in subsection F of this section provided by DBVI based on
				financial need. DBVI shall consider certain factors in order to determine the
				financial needs of individuals applying for and receiving DBVI vocational
				rehabilitation services.
B. DBVI
				shall consider an individual's financial need based on certain allowances and
				exclusions including:
1. The individual's
				gross income. DBVI shall use a uniform income level including normal living
				requirements based on the median income for a four-person family provided by
				the Bureau of the Census as published in the Federal Register (
				45 CFR
				96.85 ) for the Low Income Home Energy
				Assistance Program (LIHEAP). The individual's financial need shall be based on
				100% of the federal estimated median income in Virginia, which is published
				annually in the Federal Register;
2. The individual's income or a portion of
				the individual's income based on family size;
3. The estimated cost of the individual's
				vocational rehabilitation services specifically related to the individual's
				disability and not covered by comparable services and benefits; and
4. The tuition costs for the individual or a
				family member to attend a private or public educational facility.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-110 - Participation of individuals in use 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, DBVI shall determine whether comparable
				services and benefits, as defined in 22VAC45-51-10, exist under any other
				program and whether those services and benefits are available to the individual
				unless such a determination would interrupt or delay the following:
1. The progress of the individual toward
				achieving the employment outcome identified in the IPE;
2. An immediate job placement; or
3. 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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-120 - Periodic review of ineligibility determinations

Current through Register Vol. 40, No. 24, July 15, 2024
When DBVI determines that an applicant is ineligible for
				  vocational rehabilitation services or determines that an individual receiving
				  vocational rehabilitation services under an IPE is no longer eligible for
				  vocational rehabilitation services, DBVI shall:
1. Make a determination of ineligibility only
				after providing the individual, or as appropriate, the individual's
				representative, with an opportunity for full consultation;
2. Inform the individual in writing,
				supplemented as necessary by other modes of communication consistent with the
				informed choice of the individual, of the ineligibility determination including
				reasons for that determination;
3.
				Inform the individual in writing, supplemented as necessary by other modes of
				communication consistent with the informed choice of the individual, the means
				by which the individual may express and seek remedy for dissatisfaction,
				including the procedures for review of determinations by DBVI;
4. Provide the individual with a description
				of services available from the client assistance program established in the
				disAbility Law Center of Virginia; and
5. Within 12 months of the ineligibility
				determination and annually thereafter if requested by the individual or, if
				appropriate, by the individual's representative, review any ineligibility
				determination that is based on a finding that the individual is incapable of
				achieving an employment outcome. This review need not be conducted in
				situations in which the individual has refused it, the individual is no longer
				present in the state, the individual's whereabouts are unknown, or the
				individual's medical condition is rapidly progressive or terminal.
Statutory Authority: § 51.5-66 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-130 - Periodic review of extended employment

Current through Register Vol. 40, No. 24, July 15, 2024
DBVI shall annually review and reevaluate the status of each
				  individual with a disability who has achieved an employment outcome either in
				  an extended employment setting in a community rehabilitation program or in any
				  other employment setting in which the individual is compensated in accordance
				  with § 14(c) of the Fair Labor Standards Act and 29 CFR Part 525 for two
				  years after the individual achieves the employment outcome (and thereafter if
				  requested by the individual or, if appropriate, the individual's
				  representative) to determine the interests, priorities, and needs of the
				  individual with respect to competitive employment or training for competitive
				  employment.
Statutory Authority: § 51.5-66 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-140 - Review of determinations made by DBVI

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant or eligible individual who is
				dissatisfied with any determination made by DBVI that affects the provision of
				vocational rehabilitation services may request, or, if appropriate, may request
				through the individual's representative, a timely review of that
				determination.
B. General
				requirements.
1. Notification. DBVI shall
				provide the applicant, or eligible individual or, as appropriate, the
				individual's representative, notice of:
a. His
				right to obtain review of DBVI determinations that affect the provision of
				vocational rehabilitation through an impartial due process hearing conducted by
				an impartial hearing officer;
b.
				His right to informal dispute resolution;
c. His right to pursue mediation with respect
				to determinations made by DBVI that affect the provision of vocational
				rehabilitation services to the applicant or eligible individual conducted by an
				impartial certified mediator;
d.
				The names and addresses of individuals with whom requests for mediation or due
				process hearings may be filed;
e.
				The manner in which a mediator or impartial hearing officer may be selected;
				and
f. The availability of the
				client assistance program, established in the disAbility Law Center of
				Virginia, to assist the applicant or eligible individual during mediation
				sessions or impartial due process hearings.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Form - FORMS (22VAC45-51)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for Vocational Rehabilitation Services, DBVI-04-01 (rev. 4/2014)
Consent
				  to Release Confidential Information for Alcohol or Drug Patients, DBVI-70-22
				  (rev. 10/2015)
Consent
				  to Release Health Information, DBVI-70-23 (rev. 10/2015)
Consent
				  to Release Personal Information, DBVI-70-29 (rev. 10/2015)
Eye
				  Exam Report, DBVI-70-20E (rev. 7/2014)
Financial
				  Determination/Redetermination Statement Form, DBVI-70-06 (rev.
				  9/2014)
Health
				  Checklist/General Medical Examination, DBVI-70-04 (rev. 6/2014)
Individualized
				  Plan for Employment Form (eff. 12/2015)
Individualized
				  Plan for Employment Planned Services Form (rev. 12/2015)
Service
				  Complaint/Grievance Form, DBVI-70-01 (rev. 9/2013)
Statutory Authority: § 51.5-66 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 60 - REGULATIONS GOVERNING PROVISION OF SERVICES FOR THE INFANTS, CHILDREN, AND YOUTH PROGRAM [REPEALED] › Section 22VAC45-60-10 to 22VAC45-60-120

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 70 - REGULATIONS GOVERNING THE PROVISION OF REHABILITATION TEACHING AND INDEPENDENT LIVING SERVICES › Section 22VAC45-70-20 - Referral and application

Current through Register Vol. 40, No. 24, July 15, 2024
A. To
				be considered for rehabilitation teaching and independent living services, DBVI
				must obtain the following information from the individual seeking services:
1. Name and address;
2. Date of birth and gender;
3. Disability; and
4. Date of referral.
DBVI shall expeditiously process the application of an
				  individual who is referred for rehabilitation teaching and independent living
				  services.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 70 - REGULATIONS GOVERNING THE PROVISION OF REHABILITATION TEACHING AND INDEPENDENT LIVING SERVICES › Section 22VAC45-70-30 - Eligibility for rehabilitation teaching and independent living services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Eligib ility
				shall be determined without regard to sex, sexual orientation, gender identity,
				race, creed, color, or national origin. No individual shall be excluded or
				found ineligible solely on the basis of the type of disability or on the basis
				of age. No residence requirement shall be imposed that excludes from services
				any individual who is presently in the Commonwealth.
B. To be eligible for rehabilitation teaching
				and independent living services, an individual must have a visual limitation
				that constitutes or results in a substantial impediment to personal independent
				functioning, and there must be a reasonable expectation that rehabilitation
				teaching and independent living services will significantly assist the
				individual to improve his ability to cope with blindness and to function more
				independently. An individual has a visual limitation if the individual:
1. Is a "blind person" as defined in
				22VAC45-70-10;
2. Has distance vision of 20/70 to 20/200 in
				the better eye with correcting glasses or a field limitation to 30 degrees or
				less in the better eye, has been unable to adjust to the loss of vision and has
				been determined by the rehabilitation teacher t to be in need of the
				specialized services available through the DBVI rehabilitation teaching and
				independent living program; or
3.
				Has night blindness or a rapidly progressive eye condition which, in the
				opinion of a qualified ophthalmologist or optometrist, will reduce the distance
				vision to 20/200 or less.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 70 - REGULATIONS GOVERNING THE PROVISION OF REHABILITATION TEACHING AND INDEPENDENT LIVING SERVICES › Section 22VAC45-70-40 - Eligibility determination

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to or simultaneously with acceptance of an individual
				  for rehabilitation teaching and independent living services, there shall be a
				  determination of eligibility; a case narrative shall state the basis for the
				  eligibility determination and a reasonable expectation that rehabilitation
				  teaching and independent living services shall assist the individual to improve
				  his ability to cope with blindness and to function more independently. When an
				  individual is determined ineligible for rehabilitation teaching services and
				  independent living services, the rehabilitation teacher shall inform the
				  individual of the ineligibility determination, stating the reason . This may be
				  done during a personal contact or by a letter.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 70 - REGULATIONS GOVERNING THE PROVISION OF REHABILITATION TEACHING AND INDEPENDENT LIVING SERVICES › Section 22VAC45-70-60 - The Rehabilitation Teaching/Independent Living Program Plan

Current through Register Vol. 40, No. 24, July 15, 2024
Initial plan development.
1. The Plan shall specify the rehabilitation
				teaching and independent living services that the individual and DBVI
				rehabilitation teacher jointly determine are necessary to increase the
				individual's level of adaptive coping skills and functional
				independence.
2. The Plan shall be
				initiated after determination of eligibility and periodically updated to
				include additional rehabilitation teaching and independent living services that
				are needed by the individual.
3.
				Rehabilitation teaching and independent living services shall be provided in
				accordance with the Plan.
Statutory Authority: § 51.5-65 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 70 - REGULATIONS GOVERNING THE PROVISION OF REHABILITATION TEACHING AND INDEPENDENT LIVING SERVICES › Section 22VAC45-70-70 - Scope of rehabilitation teaching and independent living services

Current through Register Vol. 40, No. 24, July 15, 2024
Services provided through the rehabilitation teaching and
				  independent living program may include:
1. Counseling to determine the individual's
				need for specific rehabilitation teaching and independent living
				services.
2. Referral to and
				information regarding resources and programs , internal and external to DBVI,
				which might benefit the individual.
3. Counseling to assist the individual to
				cope with vision loss.
4. Provision
				of low vision services in accordance with the Regulations Governing Low Vision,
				22VAC45-110.
5. Instruction in the
				following areas:
a. Personal management skills
				or activities of daily living;
b.
				Home management skills;
c.
				Communication skills, including reading and writing braille, typing, script
				writing, and use of electronic equipment and technology;
d. Other appropriate adaptive coping skills
				to facilitate leisure and recreational activities; and
e. Information and instruction in the
				acquisition of and use of adaptive equipment.