reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-430 - Reasons for suspension of operating agreement prior to evidentiary hearing

Current through Register Vol. 24-14, July 15, 2024
If the department determines that its right, title to and interest in a vending facility is in eminent jeopardy due to the action, or lack of action of the vendor or licensee, the department may suspend the operating agreement of the vendor or licensee and remove the vendor or licensee from the vending facility, pending an informal resolution of the problem, a full evidentiary hearing, or the decision of an ad hoc arbitration panel. The department may suspend a vendor or licensee for the following reasons:
(1) Failure to provide the department with vendor financial reports, and to provide them within the established time frame.
(2) Failure to purchase vendor liability insurance for his/her vending facility as required in WAC 67-35-310 and/or failure to provide the department with proof of said insurance.
(3) The vendor ceases to meet any of the requirements to qualify as a licensee or vendor as required in chapter 67-35 WAC.
(4) The vendor or licensee abandons the vending facility. The vending facility shall be considered abandoned when no services are provided for three or more consecutive working days and/or when there is no designated employee in charge of the operation.
(5) When the department decides that the vending facility is not being operated in accordance with the law, applicable regulations, terms and conditions of the permit, and/or contract or the vendor agreement governing such vending facilities.
(6) Any willful or malicious destruction of, theft of, or any failure to exercise necessary care for the equipment furnished by the department or agency named in the permit and/or contract, inclusive of all repairs and maintenance as outlined in WAC 67-35-215 and 67-35-230.
(7) When the conduct of the vendor seriously interferes with any aspect of the operation of the vending facility. Such conduct includes, but is not limited to, the following:
(a) Fraud.
(b) Consumption of controlled substances and/or alcohol on the job.
(c) Inexcusable neglect of duties as a vendor.
(d) Embezzlement.
(e) Falsifying reports.
(f) Failure to submit to a medical eye examination when requested by the department.
(g) Any other actions or behavior which would seriously jeopardize the vending facility.
(h) Failure to pay taxes, fees, and/or debts arising from the operation of the vending facility.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-440 - Suspension or termination of license - Other reasons

Current through Register Vol. 24-14, July 15, 2024
The license of a licensee or vendor may be suspended or terminated automatically for any of the following reasons:
(1) Improvement of vision so that the licensee or vendor no longer meets the definition of blindness in WAC 67-35-030(2);
(2) Withdrawal of the licensee or vendor from the program upon written notification to the department.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-440, filed 12/15/83. Formerly WAC 67-32-440.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-450 - Termination of license - Disuse

Current through Register Vol. 24-14, July 15, 2024
If after two years the licensee has not participated in any of the vending facility programs as identified in this chapter, the department will terminate the license after a thirty-day notice and/or after affording the licensee an opportunity for a full evidentiary hearing.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-450, filed 12/15/83. Formerly WAC 67-32-450.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-460 - Relicensing

Current through Register Vol. 24-14, July 15, 2024
When a licensee's or vendor's license has been suspended by the department, he/she must meet the requirements in WAC 67-35-040, and must demonstrate competency in meeting the criteria of the training course through a period of evaluation or retraining as outlined in WAC 67-35-055. Upon completion of the training/evaluation the individual will take the challenge test as indicated in WAC 67-35-056.
Statutory Authority: Chapter 74.18 RCW. 85-18-048 (Order 85-12), §
										67-35-460, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-460, filed 12/15/83. Formerly WAC 67-32-460.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-470 - Administrative review

Current through Register Vol. 24-14, July 15, 2024
All licensees and vendors will be advised of their right to an administrative review on any decision or action, or inaction, taken by the department regarding service provided the licensee or vendor under this chapter, or request for such service. The request for an administrative review must be filed within thirty days of the date of the decision, action or inaction, or lack of service being appealed.
The request for an administrative review may be made verbally or in writing and may be filed in any office of the department. A verbal request will promptly be reduced to writing by the department staff member receiving the request, and shall include the name and address of the licensee or vendor requesting the administrative review, the name and address of the representative (if any) of the licensee or vendor; the date of the request for administrative review; the date of the decision or action, or inaction, being appealed; as precisely as possible the issue to be resolved by the administrative review; and the signature of the licensee or vendor, or his/her representative.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-470, filed 12/15/83. Formerly WAC 67-32-470.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-480 - Administrative review - Who - When - Where

Current through Register Vol. 24-14, July 15, 2024
The administrative review will be conducted by the supervisor of the vending facility program unless the supervisor is a party to the decision, action or inaction being reviewed, in which case the supervisor's supervisor shall conduct the administrative review. The administrative review will be held and a decision rendered within fifteen days of receipt of a request for administrative review. The review will be held at a department office or in a location selected by the department in the county in which the licensee or vendor resides. Upon request of the vendor or licensee, the department may arrange and pay for transportation from the vendor's or licensee's home to the place of the hearing and return. The rate of payment will be at the current state allowance for state employees. Upon request of the vendor or licensee, the department may arrange for and pay a reader or other communication service to be available to the vendor or licensee for the purpose of reviewing materials directly pertinent to the administrative review. The reader or other communication service will be paid the current federal minimum wage. Upon request of the vendor, the department may arrange for and pay a relief operator during the vendor's absence from the vending facility for the purpose of administrative review. Within funds available the costs (1) for transportation, (2) for a reader or other communication service, and (3) for a relief operator shall be paid as management services as set forth in WAC 67-35-150. After the conclusion of the administrative review the person conducting the administrative review will certify his/her findings to the licensee or vendor in writing, specifying in detail the findings and decision of the administrative review, and informing the licensee or vendor of his/her right to request a full evidentiary hearing if dissatisfied with the decision.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-480, filed 12/15/83. Formerly WAC 67-32-480.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-490 - Full evidentiary hearing

Current through Register Vol. 24-14, July 15, 2024
A licensee or vendor who desires a full evidentiary hearing will request such hearing within thirty days after receiving notice from the department of the findings and decision of the administrative review, or within thirty days of the department's failure to hold a fair hearing, or to render a decision in a fair hearing. The request for a full evidentiary hearing may be made verbally or in writing, and may be filed in any office of the department. If made verbally such request will promptly be reduced to writing as specified in WAC 67-35-470. A full evidentiary hearing shall be provided by the director of the Washington department of services for the blind, or his/her designee; and will be held within thirty days after the submission of the request. The full evidentiary hearing will be held in a location as specified in WAC 67-35-480.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-490, filed 12/15/83. Formerly WAC 67-32-490.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-500 - Full evidentiary hearing - Right to information

Current through Register Vol. 24-14, July 15, 2024
Upon the filing of a request for a full evidentiary hearing the licensee or vendor shall be informed of all information in the case file and shall have the right of access to, and may examine any file or record owned by the department regarding his/her case which may contain information relevant and material to his/her grievance; except for documents and information disclosure of which is prohibited by federal or state law, and/or rules and regulations. This right of access to and examination of information shall be extended to the licensee's or vendor's representative, attorney and/or the blind vendors committee when functioning as an advocate for the licensee or vendor if so authorized in writing by the licensee or vendor or his/her legal guardian.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-500, filed 12/15/83. Formerly WAC 67-32-500.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-510 - Full evidentiary hearing - Transcript

Current through Register Vol. 24-14, July 15, 2024
A transcript of the testimony of the full evidentiary hearing will be made by the department, and a copy of this transcript shall be made available to the aggrieved party upon request.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-510, filed 12/15/83. Formerly WAC 67-32-510.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-520 - Full evidentiary hearing - Decision in writing

Current through Register Vol. 24-14, July 15, 2024
Within ten working days after the conclusion of the full evidentiary hearing the director of the department or his/her designee will certify findings to the licensee or vendor in writing specifying in detail the findings and the decision reached, and informing the licensee or vendor of his/her right to request from the secretary of the United States Department of Education the convening of an ad hoc arbitration panel as provided for in  34 C.F.R., section 395.13 and section 395.6(e).
Statutory Authority: Chapter 74.18 RCW. 85-18-048 (Order 85-12), §
										67-35-520, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-520, filed 12/15/83. Formerly WAC 67-32-520.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-525 - Hearing officer - Certain purposes

Current through Register Vol. 24-14, July 15, 2024
For the purpose of the provisions of WAC 67-35-490, 67-35-520 and 67-35-070(7), the director will contract with a hearing officer who will be an attorney licensed to practice in the state of Washington or will contract with another state agency for the services of a hearing officer(s) who will be equally qualified. Within funds available, the hearing officer may be paid as a management service as set forth in WAC 67-35-150 when hearing the appeals of vendors and licensees.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-525, filed 12/15/83. Formerly WAC 67-32-525.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-910 - Facility operation agreement

Current through Register Vol. 24-14, July 15, 2024
Upon selection of a vendor to operate a business enterprise program facility, the department of services for the blind and the chosen vendor shall enter into a facility operation agreement. The text of this agreement is located in departmental policy and addresses the mutually agreed responsibilities of the vendor/operator and of the department. This agreement includes, but is not limited to, terms and conditions of facility operation such as vendor rent and insurance responsibilities, hours of operation, and conditions of termination of the agreement. Other terms or conditions of operation which are particular to a given facility shall be included as an addendum and shall be incorporated into the facility operation agreement.
Statutory Authority: Chapter 74.18 RCW. 96-11-096, §
										67-35-910, filed 5/16/96, effective 6/16/96; 95-01-066, §
										67-35-910, filed 12/15/94, effective 1/15/95. Statutory Authority: Chapter 74.18 RCW. 89-21-046, §
										67-35-910, filed 10/13/89, effective 11/13/89. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-910, filed 12/15/83. Formerly WAC 67-32-910.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-55 - Child and family services › Section 67-55-010 - Purpose and description

Current through Register Vol. 24-14, July 15, 2024
The authority for child and family services are established in RCW 74.16.300, 74.16.400 and 74.16.490. The purpose of this program is to provide services to blind children and their families in order to facilitate the child's optimum participation in school and society.
Statutory Authority: 1983 c 194 § 18. 84-01-044 (Order 83-10), §
										67-55-010, filed 12/15/83. Formerly WAC 67-50-010.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-55 - Child and family services › Section 67-55-020 - Referral for services

Current through Register Vol. 24-14, July 15, 2024
Referrals of children for child and family services shall be accepted from any and all sources.
Statutory Authority: 1983 c 194 § 18. 84-01-044 (Order 83-10), §
										67-55-020, filed 12/15/83. Formerly WAC 67-50-020.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-55 - Child and family services › Section 67-55-030 - Initial interview

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall interview all referrals to child and family services and/or their families as soon as possible following referral.
(2) At the initial interview the interviewer shall:
(a) Explain to the child and/or his family the nature and scope of available services as they relate to the child.
(b) Inform the child and/or his family of the right to confidentiality of information possessed by the department.
(c) Obtain any information necessary in determining eligibility for child and family services.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-55 - Child and family services › Section 67-55-035 - Eligibility for services

Current through Register Vol. 24-14, July 15, 2024
The department shall make eligibility determination as to every referral for child and family services. The determination of eligibility shall be made as soon as possible after referral.
Statutory Authority: 1983 c 194 § 18. 84-01-044 (Order 83-10), §
										67-55-035, filed 12/15/83. Formerly WAC 67-50-035.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-55 - Child and family services › Section 67-55-040 - Eligibility criteria

Current through Register Vol. 24-14, July 15, 2024
(1) To be eligible for child and family services an individual must be between the ages of birth through six years of age or fourteen through twenty-one years of age.
(2) Any child below the age of twenty-one years who has completed high school or has discontinued his/her formal education shall not be eligible for child and family services. Such children shall be referred for vocational rehabilitation or other appropriate resources.
(3) Eligibility for child and family services shall be dependent on documentation of a visual impairment including one or more of the following conditions:
(a) Legal blindness or visual handicap as they are customarily defined, either in terms of qualifying reduction in visual acuity and/or a qualifying reduction in visual fields.
(b) A visual impairment which is progressive in nature and can be expected to lead to blindness within a reasonable period of time.
(c) Reductions in both visual acuity and visual fields such that the effect is substantially that of legal blindness, or visual efficiency is so reduced as to have substantially the same effect as legal blindness.
(d) A visual impairment which makes it impossible for a child to compete successfully in school and other childhood endeavors.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-55 - Child and family services › Section 67-55-050 - Child and family services - Services provided

Current through Register Vol. 24-14, July 15, 2024
Services provided by child and family services include:
(1) Direct consultation with children and their families to provide developmental training, general counseling, needs assessment, and information regarding other available resources.
(2) Direct consultation and technical assistance to teachers, administrators and other educational personnel in order to facilitate adequate programs for blind and visually handicapped children.
(3) Direct consultation and technical assistance to other professionals who work with blind and visually handicapped children.
(4) Periodic follow-up throughout the child's term of eligibility to assure continuation of appropriate services.
(5) Continuity of case management and facilitation of transition to vocational rehabilitation at the appropriate time.
(6) Advocacy in all sectors of society for blind and visually handicapped children and/or their families to assure their rights to participate fully in the educational, vocational and social endeavors of society in general.
Statutory Authority: 1983 c 194 § 18. 84-01-044 (Order 83-10), §
										67-55-050, filed 12/15/83. Formerly WAC 67-50-050.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-55 - Child and family services › Section 67-55-060 - Termination

Current through Register Vol. 24-14, July 15, 2024
A child shall be terminated from child and family services for the following reasons:
(1) The child has completed high school;
(2) The child has withdrawn from school prior to his/her senior year and does not intend to return;
(3) The child has reached the age of twenty-one years, or is between the ages of seven and fourteen years;
(4) The child's vision improves to a degree which no longer meets the criteria for eligibility;
(5) The child moves from the state of Washington; or
(6) The child and/or his/her family requests termination.
Statutory Authority: Chapter 74.18 RCW. 99-05-005, §
										67-55-060, filed 2/4/99, effective 3/7/99. Statutory Authority: 1983 c 194 § 18. 84-01-044 (Order 83-10), §
										67-55-060, filed 12/15/83. Formerly WAC 67-50-060.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-010 - Purpose and definition

Current through Register Vol. 24-14, July 15, 2024
The authority for independent living services is established in section 18, chapter 194, Laws of 1983. The purpose of this program is to provide independent living services designed to meet the current and future needs of blind/visually impaired individuals who currently are not feasible for vocational rehabilitation and who need services in order to function more independently in their living environment.
Statutory Authority: Chapter 74.18 RCW. 99-05-005, §
										67-75-010, filed 2/4/99, effective 3/7/99. Statutory Authority: 1983 c 194 § 18. 84-01-045 (Order 83-11), §
										67-75-010, filed 12/15/83.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-020 - Referral for services

Current through Register Vol. 24-14, July 15, 2024
(1) Referrals of blind/visually impaired individuals, blind/visually impaired individuals with significant other medical problems, and blind/visually impaired multiply disabled individuals shall be accepted from all sources.
(2) All referrals to the independent living program may be made either through the department of services for the blind or directly to one of the department's independent living contract providers.
(3) Department personnel may refer individuals to the independent living program as a result of reviewing current and past cases which have been found to be ineligible for vocational rehabilitation services.
Statutory Authority: Chapter 74.18 RCW. 99-05-005, §
										67-75-020, filed 2/4/99, effective 3/7/99. Statutory Authority: 1983 c 194 § 18. 84-01-045 (Order 83-11), §
										67-75-020, filed 12/15/83.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-030 - Initial interview

Current through Register Vol. 24-14, July 15, 2024
(1) All new referrals to the independent living program shall be interviewed as soon as possible following referral.
(2) At the initial interview the interviewer shall:
(a) Explain to the individual the nature and scope of available services as they relate to the individual's need;
(b) Inform the individual of the right to confidentiality of information possessed by the department;
(c) Obtain any information necessary in determining eligibility for independent living services.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-040 - Eligibility for services - Criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Eligibility requirements are applied without regard to sex, race, creed, color, marital status, sexual orientation, religion, or natural origin of the individual applying for service. No group of individuals is excluded from service solely on the basis of the type of disability or on the basis of age.
(2) No residence requirement is imposed which excludes from services any individual who is present in the state.
(3) Eligibility is based only upon:
(a) The presence of a severe physical or mental disability, which shall include a visual disability defined as follows:
(i) Legal blindness or visual impairment as they are customarily defined either in terms of a qualifying reduction in visual acuity and/or a qualifying reduction in visual field.
(ii) A visual impairment which is progressive in nature and can be expected to lead to blindness within a reasonable period of time.
(iii) Reduction in both visual acuity and visual fields is such that the effect is substantially that of legal blindness, or visual efficiency is reduced so as to have substantially the same effect as legal blindness.
(iv) A visual impairment which makes it impossible for the individual to perform successfully in one or more of life's functions;
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-042 - Certification for decision of eligibility or ineligibility

Current through Register Vol. 24-14, July 15, 2024
(1) There will be a certification that the individual has met the basic eligibility criteria. The statement of eligibility will be dated and signed by the independent living service provider or the department's independent living program staff.
(2) Whenever it has been determined on the basis of clear evidence that an individual is ineligible for independent living services, there shall be a certification, dated and signed by the independent living service provider agency or the department's independent living program. Certifications of ineligibility shall indicate the reasons for the ineligibility determination and shall be made only after full consultation with the individual or, as appropriate, his or her parent, guardian, or other representative, or after giving a clear opportunity for this consultation.
Statutory Authority: Chapter 74.18 RCW. 99-05-005, §
										67-75-042, filed 2/4/99, effective 3/7/99; 92-09-090, §
										67-75-042, filed 4/17/92, effective 5/18/92.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-044 - Notice to applicant

Current through Register Vol. 24-14, July 15, 2024
(1) The individual shall be notified in writing of the action taken on a determination of ineligibility.
(2) The individual shall be informed of the department's procedure for administrative review and fair hearings and the services available through the client assistance program if he or she is dissatisfied with the department's decision.
(3) If the applicant was determined to be ineligible for independent living services, the certification shall clearly specify how he or she failed to meet the criteria of eligibility. The individual shall be notified in writing of the determination of ineligibility and of his or her rights and the means by which he or she may express and seek remedy for any dissatisfactions, including the department's procedures for administrative review and fair hearings and the services available through the client assistance program.
(4) If an applicant was determined ineligible, he or she shall be given a full opportunity to participate in the review and reconsideration of eligibility no later than twelve months after the determination was made. The review need not be conducted in situations where the individual refuses the review, the individual is no longer present in the state, or the individual's whereabouts is unknown.
Statutory Authority: Chapter 74.18 RCW. 99-05-005, §
										67-75-044, filed 2/4/99, effective 3/7/99; 92-09-090, §
										67-75-044, filed 4/17/92, effective 5/18/92.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-050 - Independent living services - Services provided

Current through Register Vol. 24-14, July 15, 2024
Services provided by the independent living program shall include:
(1) Intake interview and counseling;
(2) Needs assessment;
(3) Specific skills teaching;
(4) Referral to other resources for blind/visually impaired individuals;
(5) Information and referral;
(6) Advocacy in all sectors of society to maximize opportunities for access in social, recreational, medical/health care facilities.
Statutory Authority: Chapter 74.18 RCW. 99-05-005, §
										67-75-050, filed 2/4/99, effective 3/7/99. Statutory Authority: 1983 c 194 § 18. 84-01-045 (Order 83-11), §
										67-75-050, filed 12/15/83.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-060 - Termination of services

Current through Register Vol. 24-14, July 15, 2024
Independent living services shall be terminated when a client:
(1) Has died.
(2) Cannot be located by the department after reasonable efforts to do so.
(3) Has been institutionalized under circumstances which preclude the provision of services for a substantial or indefinite period of time.
(4) Has moved to another jurisdiction and the department has been unable either to continue provision of services or to refer the individual to an appropriate agency within the other jurisdiction.
(5) Removes himself for consideration by declining to accept or utilize independent living services after all reasonable efforts have been expended to encourage participation.
(6) Completes a program of services as planned.
Statutory Authority: 1983 c 194 § 18. 84-01-045 (Order 83-11), §
										67-75-060, filed 12/15/83.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-070 - Administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) Any client who feels aggrieved by, or is otherwise dissatisfied with, any decision or action by the department or its agents with regard to his or her independent living case may file a request with the department for, and shall thereupon receive, an administrative review by the director or his/her designee, or a fair hearing by an administrative law judge.
(2) Clients of the department's independent living program will utilize the administrative review policies and time frames of the department's vocational rehabilitation program, covered in VR WAC 67-25-560.
Statutory Authority: Chapter 74.18 RCW. 92-09-090, §
										67-75-070, filed 4/17/92, effective 5/18/92. Statutory Authority: 1983 c 194 § 18. 84-01-045 (Order 83-11), §
										67-75-070, filed 12/15/83.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-75 - Independent living services › Section 67-75-075 - Fair hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Any client who feels aggrieved by or is otherwise dissatisfied with any decision or action by the department or its agents with regard to his or her independent living plan or is dissatisfied with the results of an administrative review may request from the department, and shall thereupon be granted, a fair hearing.
(2) Clients of the department's independent living program will utilize the administrative review policies and time frames of the department's vocational rehabilitation program, covered in VR WAC 67-25-560.
Statutory Authority: Chapter 74.18 RCW. 92-09-090, §
										67-75-075, filed 4/17/92, effective 5/18/92. Statutory Authority: 1983 c 194 § 18. 84-01-045 (Order 83-11), §
										67-75-075, filed 12/15/83.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-100 - Organization › Section 72-100-001 - Description of organization

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 Washington state school for the blind is a state agency established and organized
			 under the authority of
			 chapter
			 72.40 RCW. The primary
			 purpose of the school is to educate and train visually impaired
			 children.
(2) The school operates
			 under the direction and control of the superintendent. A board of trustees serves
			 as an advisory board to the superintendent and to the legislature and performs
			 various other functions as provided in chapter 72.42 RCW. The school for the
			 blind is comprised of three components: Education; residential life; and support
			 services. The school principal directs the education component. The director of
			 residential life oversees the residential life component. Support services are
			 provided by consolidated services under an interagency agreement between the
			 Washington state school for the blind and the Washington state school for the
			 deaf. Medical services and outreach programs are under the direction of the
			 superintendent. A detailed organizational chart is available at the
			 administrative office of the school.
(3) The administrative office of the school is
			 located at 2214 East 13th Street, Vancouver, Washington 98661. Any person may
			 obtain additional information and make submissions and requests at the
			 administrative office.
Statutory Authority:
				  RCW
				  72.40.022. 90-16-003, §
										72-100-001, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-010 - Adoption of model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure adopted by the chief administrative
				law judge pursuant to
				RCW
				  34.05.250, as now or hereafter amended, are
				hereby adopted for use at the school, with the following exception: WAC
				10-08-190 Adjudicative proceedings
				-- Cameras -- Recording devices. See WAC
				72-108-090 which determines the use
				of cameras and recording devices at adjudicative proceedings. Those rules may be
				found in chapter 10-08 WAC. Other procedural rules adopted in this title are
				supplementary to the model rules of procedure. In the case of a conflict between
				the model rules of procedure and procedural rules adopted in this title, the
				procedural rules adopted by the school shall govern.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-010, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-020 - Appointment of presiding officers

Current through Register Vol. 24-14, July 15, 2024
Unless the hearing is assigned to the office of administrative
				hearings, the superintendent or the superintendent's designee shall designate a
				presiding officer for an adjudicative proceeding. The presiding officer shall be
				an administrative law judge, a member in good standing of the Washington State
				Bar Association, a panel of individuals, the superintendent or his or her
				designee, or any combination of the above. Where more than one individual is
				designated to be the presiding officer, one person shall be designated by the
				superintendent or the superintendent's designee to make decisions concerning
				discovery, closure, means of recording adjudicative proceedings, and similar
				matters.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-020, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-030 - Method of recording

Current through Register Vol. 24-14, July 15, 2024
Proceedings shall be recorded by a method determined by the
				presiding officer, among those available pursuant to the model rules of procedure
				in WAC 10-08-170.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-030, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-040 - Application for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
An application for adjudicative proceeding shall be in writing.
				Application forms are available at the following address:
Washington State School for the Blind 2214 East 13th Street,
				S-27
Vancouver, Washington 98661
Written application for an adjudicative proceeding should be
				submitted to the above address within twenty days of the agency action giving
				rise to the application, unless provided for otherwise by statute or
				rule.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-040, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-060 - Discovery

Current through Register Vol. 24-14, July 15, 2024
Discovery in adjudicative proceedings may be permitted at the
				discretion of the presiding officer. In permitting discovery, the presiding
				officer shall make reference to the civil rules of procedure. The presiding
				officer shall have the power to control the frequency and nature of discovery
				permitted, and to order discovery conferences to discuss discovery
				issues.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-060, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-070 - Confidentiality of formal adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
In formal adjudicative proceedings, the presiding officer shall
				have the power to close all or part of the hearing to public observation. The
				presiding officer shall have the power to impose reasonable conditions upon
				observation of the proceeding and regulate the use of photographic and recording
				equipment to preserve confidentiality.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-070, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-080 - Procedure for closing parts of the hearings

Current through Register Vol. 24-14, July 15, 2024
A party may apply for a protective order to close part of a
				hearing. The party making the request should state the reasons for making the
				application to the presiding officer. If the other party opposes the request, a
				written response to the request shall be made within ten days of the request to
				the presiding officer. The presiding officer shall determine which, if any, parts
				of the proceeding shall be closed, and state the reasons therefor in writing
				within twenty days of receiving the request.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-080, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-090 - Recording devices

Current through Register Vol. 24-14, July 15, 2024
No cameras or recording devices shall be allowed in those parts
				of proceedings which the presiding officer has determined shall be closed
				pursuant to WAC
				72-108-070, except for the method of
				official recording selected by the school.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-090, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-108 - Practice and procedure › Section 72-108-100 - Brief adjudicative procedure

Current through Register Vol. 24-14, July 15, 2024
This rule is adopted in accordance with
				RCW
				  34.05.482 through
				34.05.494, the provisions of which
				are hereby adopted. Brief adjudicative procedures shall be used in all matters
				related to:
(1) Student conduct or
			 disciplinary proceedings pursuant to WAC
			 72-120-225;
(2) Amendment of education records pursuant to
			 WAC 72-280-030; and
(3) Residency determinations made pursuant to
			 WAC 72-130-040.
Statutory Authority:
				  RCW
				  72.40.022,
				  34.05.220(1)(a) and
				  34.05.250. 90-16-004, §
										72-108-100, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-120 - Student conduct code › Section 72-120-001 - Purpose and application

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish standards of conduct
				for students and prescribe the substantive and procedural due process rights of
				students at the school. The procedures and standards set forth in this chapter
				shall govern the imposition of discipline. "Discipline" means all forms of
				corrective action other than emergency removal from a class, subject, or
				activity, suspension, or expulsion and shall include the exclusion of a student
				from a class by a teacher or administrator for a period of time not exceeding the
				balance of the immediate class period: Provided that the student is in the
				custody of a school district employee for the balance of such period. Discipline
				shall also mean the exclusion of a student from any other type of activity
				conducted by or on behalf of the school. Discipline is considered part of the
				school's educational process. In every case of misconduct, the nature and
				circumstances of the violation will be considered and appropriate discipline will
				be administered on a less restrictive alternative basis including, but not
				limited to, time out, detention, behavior contracts, restriction of privileges,
				reprimand, restitution, suspension or expulsion.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-120 - Student conduct code › Section 72-120-010 - Student responsibilities and duties

Current through Register Vol. 24-14, July 15, 2024
The mission of the Washington state school for the blind is to
				provide specialized educational services to blind, visually impaired and
				deaf-blind students which will assist those students to develop skills,
				competencies and attitudes that are fundamental to the development of
				responsible, contributing citizens. Admission to the Washington state school for
				the blind carries with it the obligation of responsibility for the welfare of the
				school. In order to advance the mission of the school, it shall be the
				responsibility and duty of each student to pursue his/her course of studies,
				respect the rights of others, comply with written rules adopted herein, and
				submit to reasonable corrective action for violation(s) of such rules. This
				chapter is intended to assure that corrective action is imposed for just cause
				and in a fair and reasonable manner.
Statutory Authority:
				  RCW
				    72.40.022. 90-16-005, §
										72-120-010, filed 7/19/90, effective
				  8/19/90.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-120 - Student conduct code › Section 72-120-012 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
The student conduct code shall apply to student conduct that
				occurs on school premises, during transportation to and from school, to conduct
				that occurs at or in connection with school-sponsored programs or activities, or
				to off-campus conduct (or in nonschool electronic environments) that in the
				judgment of the school threatens safety or security or otherwise adversely
				impacts the school community.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-120 - Student conduct code › Section 72-120-015 - Student rights

Current through Register Vol. 24-14, July 15, 2024
(1) Each student
			 shall possess the following substantive rights:
(a) No student shall be unlawfully denied an
			 equal educational opportunity or be unlawfully discriminated against because of
			 sex, race, creed, religion, color, national origin, age, veteran or military
			 status, sexual orientation, gender expression or iden-tity, disability, or the
			 use of a trained dog guide or service animal.
(b) Students possess the constitutional right
			 to freedom of speech and press, and the constitutional right to peaceably
			 assemble and to petition the government and its representatives for a redress of
			 grievances.
(c) Students possess the
			 rights, guaranteed under the Constitution, to the free exercise of religion and
			 to have their school free from sectarian control or influence, subject to
			 reasonable limitations upon the time, place, and manner of exercising such
			 right.
(d) Students possess the
			 constitutional right to be secure in their persons, quarters, papers, and effects
			 against unreasonable searches and seizures, subject to limitations set forth in
			 RCW 28A.67.300, 28A.67.310, 28A.67.320, and 28A.67.-330.
(e) Students shall have the right to be free
			 from unlawful interference in their pursuit of an education while enrolled at the
			 Washington state school for the blind.
(f) Students shall not be deprived of the right
			 to an equal educational opportunity in whole or in part by the Washington state
			 school for the blind without due process including:
(i) Notice to the accused of the nature of the
			 charges and the proposed disciplinary action; and
(ii) The opportunity to request a hearing as
			 set forth in this chapter.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-120 - Student conduct code › CONDUCT RULES › Section 72-120-020 - References to OSPI's rules

Current through Register Vol. 24-14, July 15, 2024
Where OSPI's rules are incorporated by reference: "School
				  district" means "Washington state school for the blind"; "school district
				  superintendent" means "superintendent of the Washington state school for the
				  blind." These substitutions should be made as appropriate. They should not be
				  made where the "school district" referred to is the student's district of
				  residence.
Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-120 - Student conduct code › CONDUCT RULES › Section 72-120-100

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 72.4.011 72.40.022. 01-16-023,
					 §
											72-120-100, filed 7/20/01, effective
					 8/20/01. Statutory Authority:
					 RCW
					   72.40.022. 90-16-005, §
											72-120-100, filed 7/19/90, effective
					 8/19/90.