reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 10 - MISCELLANEOUS MEDICAL PROTOCOLS › Section 10-31 - Vocational Evaluation

Current through July 13, 2024
The Division may require an injured worker to participate in
				  a vocational evaluation to determine his future employment potential, after he
				  has applied for permanent award, including permanent partial disability, loss
				  of earnings for injuries occurring before July 1, 1994, and permanent total
				  disability.
(a) A vocational
				evaluation must be performed by a qualified vocational evaluator.
(i) An evaluator is considered qualified if
				he possesses: a B.A. or B.S. degree and three years of experience in completing
				vocational evaluations; a Master's degree in Vocational Rehabilitation; or
				national certification as a Vocational Evaluator (CVE)
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 10 - MISCELLANEOUS MEDICAL PROTOCOLS › Section 10-32 - Spinal Cord Stimulators

Current through July 13, 2024
The Division shall not authorize payment for any
				  neurostimulator procedures, including spinal cord dorsal stimulators and dorsal
				  root ganglion neuroaugmentation, or any medical or surgical costs related to
				  the placement, revision, or removal of any spinal cord stimulator.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 10 - MISCELLANEOUS MEDICAL PROTOCOLS › Section 10-33 - Surgical Procedures

Current through July 13, 2024
Except as otherwise authorized in these Rules, the Division
				  shall not preauthorize payment or reimburse for any surgery, including a
				  minimally invasive surgical procedure, or related costs, unless performed by a
				  board-certified surgeon or a provider eligible for board certification as a
				  surgeon by virtue of education and training. Nothing in this section shall
				  limit the Division's authority to deny payment for investigational or
				  experimental procedures or for procedures not otherwise eligible for payment,
				  including services defined as Experimental Care in these Rules.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 11 - WORKPLACE SAFETY CONTRACTS › Section 11-1 - Authority

Current through July 13, 2024
The Department of Workforce Services (DWS) is authorized
				  under the Department of Workforce Services Act
				  W.S.
				  9-2-2602(b)(vi) and W.S.
				  W.S.
				  9-2-2608(c), and the Wyoming
				  Administrative Procedures Act,
				  W.S.
				  16-3-101,
et seq.
to
				  promulgate rules and regulations to be used by the Department of Workforce
				  Services in the discharge of its functions.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 11 - WORKPLACE SAFETY CONTRACTS › Section 11-2 - Purpose

Current through July 13, 2024
The Workplace Safety Contracts program provides opportunities
				  for public and private sector employers to enhance or implement workplace
				  safety programs, including assistance in purchasing occupational health or
				  safety equipment or for the provision of workplace safety training, which
				  exceed OSHA and/or MSHA standards. These rules and regulations are adopted by
				  the Department of Workforce Services pursuant to the requirements and authority
				  granted by
				  W.S.
				  9-2-2601(g)(vii) and
				  W.S. 9-2-2608(a)
				  through (d).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 11 - WORKPLACE SAFETY CONTRACTS › Section 11-3 - Definitions

Current through July 13, 2024
(a) "Administrator"
				means the Administrator of the Department of Workforce Services, Standards and
				Compliance, or his/her designee.
(b) "Applicant" means any business,
				proprietor or business entity that applies for a Workplace Safety
				Contract.
(c) "Consultation" means
				technical assistance, consultation program, and safety specialists within the
				Department of Workforce Services.
(d) "Department" means the Department of
				Workforce Services (DWS), Workers' Compensation Division.
(e) "Director" means the Director of the
				Department of Workforce Services.
(f) "Employee" means any person as defined by
				W.S. 27-14-102(a)(vii)(A)
				through (R).
(g) "MSHA" means the Mine Safety and Health
				Administration or Wyoming Mine Inspector.
(h) "OSHA" means the Occupational Safety and
				Health Administration, a division within the Department of Workforce
				Services.
(i) "Panel" means the
				group of DWS professionals reviewing applications; comprised of at least the
				DWS Director or Administrator or his/her designee, a Consultation member,
				Safety Specialist, a Risk Manager and the State Occupational
				Epidemiologist.
(j) "Program" means
				the Workplace Safety Contracts Program.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 11 - WORKPLACE SAFETY CONTRACTS › Section 11-4 - Application Process and Eligibility Requirements

Current through July 13, 2024
(a) Eligibility.
				Program eligibility requires the Applicant to be registered and in good
				standing with the Department at the time of application submission and contract
				payment. The program also requires the applicant be in good standing with
				Wyoming Unemployment Insurance and the Secretary of State.
(i) Preference will be granted to Applicants
				who are currently enrolled in the Safety Discount Program, Drug-Free Workplace
				Program, Health & Safety Consultation Discount Program or the Deductible
				Program.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 11 - WORKPLACE SAFETY CONTRACTS › Section 11-5 - Applicant Reporting

Current through July 13, 2024
An Applicant who has been approved for funding through the
				  Program shall submit reports, in a format provided by the Department, as
				  outlined in the Program contract and
				  W.S.
				  9-2-2608(b).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 11 - WORKPLACE SAFETY CONTRACTS › Section 11-6 - Remittance of Unused Program Funds

Current through July 13, 2024
The Applicant shall repay the Department any portion of
				  funding not used for the approved training and/or equipment, as delineated by
				  the Program Contract.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 12 - FISCAL PROVISIONS › Section 12-1 - Rehabilitation Expenses-Funds Transfer

Current through July 13, 2024
Expenses incurred for administrative costs under W.S. §
									
										27-14-408 shall be paid by the Division of
				  Vocational Rehabilitation (DVR) of the Department of Workforce Services. The
				  funds for program expenses shall be advanced by the Workers' Compensation
				  Division on not more than a quarterly basis. The amount to be advanced shall be
				  determined by the established caseload average expenses. If the client is
				  eligible under state criteria the Workers' Compensation Division will advance
				  the total expenses incurred within the limits allowed under W.S. §
									
										27-14-408(e)(ii). If the
				  client meets federal criteria, the Workers' Compensation Division will advance
				  the nonfederal share of expenses up to the required state matching rate under
				  the Federal Rehabilitation Act within the limits allowed under W.S. §
									
										27-14-408(e)(ii).
(a) DVR shall develop an Individualized Plan
				for Employment, which will itemize or identify all costs of the Plan not to
				exceed $30,000.00. The total cost of each Plan will be charged to the
				employer's workers' compensation account in the following manner:
(i) 100% of the stipend paid to an injured
				worker for living expenses; and
(ii) 21.3% of any additional expenses which
				may include, but are not limited to, tuition, books, supplies, equipment, and
				program expenditures.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 13 - PRESUMPTION OF DISABILITY FOR CERTAIN DISEASES › Section 13-1 - Authority

Current through July 13, 2024
(a) These rules are
				promulgated pursuant to authority granted in Wyoming Statute §
									
										27-14-616.
(b) These rules only apply to claims
				submitted under Wyoming Statutes §§
									
										27-15-101
				-
				
										27-15-103.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 13 - PRESUMPTION OF DISABILITY FOR CERTAIN DISEASES › Section 13-2 - Hearing Requirements

Current through July 13, 2024
(a) All requests
				for hearings will follow W.S. §
									
										27-14-601, W.S. §
									
										27-14-602 and W.S. §
									
										27-14-616.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0022 - Quality Child Care › Chapter 1 - WY QUALITY COUNTS! EDUCATIONAL DEVELOPMENT PROGRAM › Section 1-1 - Authority

Current through July 13, 2024
The Department of Workforce Services (DWS) is authorized
				  under the DWS Act W.S. §
									
										9-2-2601(c), W.S. §
									
										9-2-2602(b)(vi) and the
				  Wyoming Administrative Procedures Act, W.S. §
									
										16-3-101
et seq
to
				  promulgate rules and regulations to be used by the DWS in the discharge of its
				  functions.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0022 - Quality Child Care › Chapter 1 - WY QUALITY COUNTS! EDUCATIONAL DEVELOPMENT PROGRAM › Section 1-2 - Purpose

Current through July 13, 2024
The WY Quality Counts! Educational Development Program
				  provides funding for training of owners and staff of child care facilities. W.
				  S. §
									
										14-4-204 refers to these services
				  as Educational Development Scholarships and Continuing Education
				  Grants.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0022 - Quality Child Care › Chapter 1 - WY QUALITY COUNTS! EDUCATIONAL DEVELOPMENT PROGRAM › Section 1-4 - General Provisions

Current through July 13, 2024
(a) Educational
				Development Scholarships
(i) Educational
				Development Scholarships provide funds intended to encourage individuals
				working in the child care industry to enroll in and complete formal education
				that will enhance the quality of child care provided by the industry. The
				program will fund three (3) types of training:
(A) Scholarships for Remedial Education,
				Associate Degrees, Bachelors Degrees and Post-Graduate Endorsements;
(B) Scholarships for the Apprenticeship
				Program for Child Care Development Specialists; and
(C) Scholarships for the Child Development
				Associate (CDA) Certificate.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0022 - Quality Child Care › Chapter 1 - WY QUALITY COUNTS! EDUCATIONAL DEVELOPMENT PROGRAM › Section 1-5 - Educational Development Scholarships

Current through July 13, 2024
(a) General
				Provisions
(i) Participant Eligibility
(A) An eligible participant is:
(I) An owner(s), staff member, and/or
				contracted professional working for a minimum of fifteen (15) hours per week in
				a child care facility as defined in W.S. §
												
													14-4-101(a)(vi)(D) or
				(K);
(II) In good standing with the WY Quality
				Counts! Educational Development Program; and
(III) In good standing with the Workforce
				Development Training Fund (WDTF) Program.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0022 - Quality Child Care › Chapter 1 - WY QUALITY COUNTS! EDUCATIONAL DEVELOPMENT PROGRAM › Section 1-6 - Continuing Education Grants

Current through July 13, 2024
(a) Participant
				Eligibility
(i) An eligible participant is:
(A) An owner(s) and/or staff member working
				for a minimum of fifteen (15) hours in a child care facility as defined in W.S.
				§
											
												14-4-101(a)(vi)(D) or
				(K);
(B) In good standing with the WY Quality
				Counts! Educational Development Program; and
(C) In good standing with the WDTF
				program.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0022 - Quality Child Care › Chapter 1 - WY QUALITY COUNTS! EDUCATIONAL DEVELOPMENT PROGRAM › Section 1-7 - Waiver of Repayment

Current through July 13, 2024
(a) A scholarship
				participant, grant recipient, CDA Contractor or child care facility may seek a
				waiver of repayment by submitting, to DWS, a written waiver request with
				verification attached, when a participant, recipient, contractor or facility
				employee:
(i) Experiences a major medical
				occurrence;
(ii) Is activated for
				military service or has a spouse activated for or relocated in military
				service;
(A) Is deceased; or
(B) Encounters an emergency or hardship,
				involving her/himself or an immediate family member that reasonably precludes
				the ability to complete the approved coursework.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0022 - Quality Child Care › Chapter 1 - WY QUALITY COUNTS! EDUCATIONAL DEVELOPMENT PROGRAM › Section 1-8 - Severability

Current through July 13, 2024
If any provision or provisions of this rule shall be held to
				  be invalid, illegal, unenforceable or in conflict with the law of any
				  jurisdiction, the validity, legality and enforceability of the remaining
				  provisions shall not in any way be affected or impaired
				  thereby.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 1 - GENERAL › Section 1-2 - State Plan Requirements

Current through July 13, 2024
(a) The State Plan,
				required and approved by the Federal Government, provides for financial
				participation by the State of Wyoming and the Federal Government, and is in
				effect in all political subdivisions of the State. The State Plan provides a
				description of Wyoming's Vocational Rehabilitation program and is amended or
				reaffirmed every year after public participation and input is obtained. The
				Department of Workforce Services is the sole State Agency in Wyoming designated
				to supervise administration of the State Plan. The Division of Vocational
				Rehabilitation is responsible to administer the State Agency's Vocational
				Rehabilitation program which includes the determination of eligibility and the
				determination of the nature, scope, and provision of vocational rehabilitation
				services under the State plan. This responsibility may not be delegated to
				another agency or individual.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 1 - GENERAL › Section 1-3 - General Policies

Current through July 13, 2024
(a) Eligibility for
				rehabilitation services is determined without regard to sex, race, creed, age,
				color, national origin, type of disability or duration of residence in
				Wyoming.
(b) A case file shall be
				kept for each applicant or client containing all required documentation. The
				rationale for any decision to provide, alter or deny services shall be
				documented in the case record.
(c)
				All services consistent with the individual's capacities and abilities,
				necessary to achievement of the Client's vocational goal, shall be provided at
				the least possible cost to DVR.
(d)
				The Wyoming Division of Vocational Rehabilitation shall process referrals and
				applications, determine eligibility or ineligibility for services, and provide
				services in a timely and equitable manner.
(e) The Wyoming Division of Vocational
				Rehabilitation staff shall network actively with consumers, service providers,
				and organizations, and shall comply with the provisions of agreements and
				contracts between DVR and other agencies, facilities and
				organizations.
(f) Individuals with
				disabilities who are unable to communicate in English or who must rely on
				special modes of communication shall be provided reasonable accommodations such
				as interpreter services or technological aides and shall be informed of this
				availability at application.
(g)
				Division staff shall be responsible for the provision of client and financial
				data necessary for the operation of the DVR's Management Information
				System.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 1 - GENERAL › Section 1-4 - Affirmative Action

Current through July 13, 2024
(a) The Wyoming
				Division of Vocational Rehabilitation actively seeks qualified individuals in
				hiring and promoting staff. DVR does not discriminate on the basis of race,
				color, creed, national origin, religion, political affiliation, sex, age or
				disability in its hiring practices or its programs. DVR will insure and take
				affirmative action with regard to the recruitment, employment, and promotion of
				qualified people with disabilities to conduct and administer its
				programs.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 1 - GENERAL › Section 1-8 - Financial Policies

Current through July 13, 2024
(a) Applicable
				State of Wyoming purchasing statutes and procedures shall be followed when
				purchasing goods or services for clients.
(b) All services purchased for clients must
				have written authorization prior to or at the same time as the purchase of
				services. The purchase of service will be authorized only by a counselor or
				designated administrator.
(c) The
				counselor shall consider the client's financial participation for all services
				except:
(i) evaluation of rehabilitation
				potential;
(ii) counseling,
				guidance, and referral services;
(iii) placement services;
(iv) rehabilitation technology.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 2-1 - Application

Current through July 13, 2024
(a) All applicants, that is, any persons who
				have completed and signed DVR's application form, shall be evaluated to
				determine eligibility using existing information.
(b) Additional information will be obtained
				in order to determine eligibility, if necessary.
(c) After necessary medical/psychological
				information is obtained, the counselor shall certify in writing that he or she
				has determined that:
(i) the applicant is
				eligible for vocational rehabilitation services, or
(ii) the applicant is ineligible for
				vocational rehabilitation services, or
(iii) trial work experiences are necessary to
				determine vocational rehabilitation eligibility.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 2-2 - Evaluation

Current through July 13, 2024
(a) A comprehensive assessment of
				rehabilitation needs (CARN) shall be completed for each applicant, including
				any reports of specialists or consultants in cases where such reports are
				appropriate to include:
(i) physical/mental
				impairments;
(ii) physical/mental
				factors;
(iii) strengths and
				resources;
(iv) career
				interests;
(v) rationale for
				selection of vocational goal.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 2-3 - Eligibility

Current through July 13, 2024
(a) Before an individual with a disability is
				accepted for vocational rehabilitation services, DVR must certify that the
				individual has met the basic eligibility requirements.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 2-4 - Eligibility for Independent Living Services

Current through July 13, 2024
(a) An evaluation
				shall be conducted of each person with a significant disability who applies for
				independent living services. This evaluation is limited to that information
				necessary to determine eligibility and to determine what independent living
				services are needed. The evaluation shall use relevant case record materials
				available from other agencies. A special diagnostic study is conducted only if
				already available information is not complete, relevant, or current.
(b) The evaluation must be sufficient in
				scope to determine which services will best meet the current and future needs
				of the individual for functioning more independently in family or community, or
				engaging or continuing in employment.
(c) To determine an individual eligible for
				independent living services:
(i) the
				individual must have a significant physical or mental disability;
(ii) the disability must present limitations
				to the individual's ability to function independently or to engage or continue
				in employment; and
(iii) there must
				be reasonable expectations that independent living rehabilitation services will
				significantly assist the individual to improve his or her ability to function
				independently in family or community or to engage or continue in employment.
				For the purpose of determining an individual's eligibility for independent
				living services, improvement in ability to function independently in family or
				community refers to a demonstration in functional and behavioral terms of an
				individual's greater independence or maintenance of independence in such areas
				as self-care, activities of daily living, driving using public transportation,
				shopping, housekeeping, communicating, or living more independently.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 2-5 - Eligibility for Supported Employment

Current through July 13, 2024
(a) Eligibility for
				supported employment is limited to individuals with the most significant
				disabilities who are certified to be eligible for vocational rehabilitation
				services. The certificate of eligibility must be signed and dated by the
				counselor.
(b) Eligibility for
				supported employment services also requires that an assessment of
				rehabilitation needs of the individual, including an evaluation of
				rehabilitation, career and job needs, identifies supported employment as the
				appropriate rehabilitation objective for the individual.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 2-6 - Extended Service Providers

Current through July 13, 2024
(a) An entity other
				than DVR must be the provider of extended services for supported employment
				that are necessary to sustain the individual in employment after rehabilitation
				and closure of service by DVR.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-1 - Order of Selection

Current through July 13, 2024
(a) The
				Administrator of the Division of Vocational Rehabilitation will implement an
				order of selection when funding or case load size is insufficient to meet the
				needs of all eligible individuals who apply. The order of selection shall be:
(i) Eligible individuals on the casloads when
				order of selection was implemented.
(ii) Individuals with the most significant
				disabilities:
(A) public safety officers
				whose impairment was sustained in the line of duty;
(B) all other individuals with most
				significant disabilities.
(iii) Individuals with significant
				disabilities:
(A) public safety officers
				whose impairment was sustained in the line of duty;
(B) all other individuals with significant
				disabilities.
(iv)
				Non-significantly disabled public safety officers whose impairment was
				sustained in the line of duty.
(v)
				All other non-significantly disabled individuals.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-2 - Services

Current through July 13, 2024
(a) Vocational rehabilitation services will
				be provided as appropriate to meet the vocational needs of each individual as
				part of the diagnostic process or in accordance with the Individualized Plan
				for Employment (IPE). As appropriate to the vocational rehabilitation needs of
				each individual, the following services are available:
Evaluation of Rehabilitation Needs;
Counseling and Guidance;
Referral Services;
Physical and Mental Restoration;
Training;
Maintenance;
Transportation;
Services to Family Members;
Interpreter, Note-taker and Reader Services;
Telecommunications and Sensory Aids and Devices;
Recruitment and Training Services;
Work Related Placement Services;
Occupational Licenses;
Tools and Equipment;
Personal Assistance Services;
Post-employment Services;
Rehabilitation Technology Services;
Supported Employment Services;
Attendant Services;
Other Goods and Services.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-3 - Supported Employment Services

Current through July 13, 2024
(a) The following
				is a list of supported employment services that may be available to eligible
				individuals.
(i) Any evaluation necessary to
				determine rehabilitation needs for supported employment which is supplemental
				to the comprehensive assessment of rehabilitation needs used to determine
				eligibility for vocational rehabilitation services.
(ii) Job development and placement in an
				integrated setting.
(iii) Provision
				of job coach services that are needed to support the trainee in employment such
				as:
(A) Intensive on-the-job training and
				other training provided by skilled job trainers;
(B) Provision of follow-up services,
				including regular contact with employers, trainees, parents, guardians or other
				representatives of trainees, and other suitable professional and informed
				advisors in order to reinforce and stabilize the job placement; and
(C) Regular observation or supervision of
				individuals with most severe disabilities at the work site.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-4 - Rehabilitation Technology Services

Current through July 13, 2024
(a) These services
				may be provided to meet the needs of and address the barriers confronted by
				individuals with disabilities in areas that include education, employment,
				transportation, independent living, and recreation.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-5 - Cost of Services

Current through July 13, 2024
(a) Evaluation of
				rehabilitation needs, counseling, guidance and referral services,
				rehabilitation technology, and placement services shall be provided by the
				Division, without regard to the client's financial need or ability to pay. The
				client will be asked to apply for available health insurance coverage toward
				the cost(s) of health evaluation services.
(b) Income guidelines, according to a uniform
				schedule of financial need, have been established by the Division. These are
				based on a percentage of Federal poverty guidelines and family size.
(c) If a client's income is above the
				applicable guidelines, the client must participate in the cost of
				rehabilitation services to the extent he is above that guideline. If the
				client's income is below the applicable guidelines, the Division may provide
				rehabilitation services at no cost.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-6 - Limitation on Services

Current through July 13, 2024
(a) DVR will
				provide only those services determined by DVR to be reasonably related to the
				vocational rehabilitation of the client, as explained and stipulated in the
				client's IPE.
(b) Maintenance or
				transportation shall never be the sole benefit conferred on a client.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-7 - Professional Requirements

Current through July 13, 2024
(a) DVR requires
				that providers meet relevant standards of competency:
(i) Professional service providers must meet
				applicable state licensure or professional certification
				requirements;
(ii) Educational and
				training institutions must be accredited by the State's authorized accrediting
				body;
(iii) Hearing evaluations
				will be provided only by such physicians or audiologists licensed or certified
				in accordance with State law or requirements;
(iv) Community Rehabilitation Programs shall
				be accredited by the Commission of Accreditation of Rehabilitation Facilities
				(CARF) unless these circumstances exist:
(A)
				the organization has been in existence for less than twelve months,
				or
(B) the organization has been in
				existence for more than twelve months, but has been providing services to
				clients for less than twelve months.
(v) Mental Health Centers must be certified
				by the Division of Behavioral Health.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 3 - PROVISION OF SERVICES › Section 3-8 - Case Closure

Current through July 13, 2024
(a) The counselor
				shall close an individual's case at any time in the vocational rehabilitation
				process when it has been determined that:
(i)
				the individual is not eligible, or
(ii) the individual is no longer eligible,
				or
(iii) the individual is no
				longer available for evaluation or service provision, or
(iv) there is clear and convincing evidence
				the individual cannot benefit from vocational rehabilitation services,
				or
(v) the client has failed to
				cooperate, or
(vi) the client has
				failed to maintain satisfactory progress toward the mutually agreed upon
				rehabilitation plan goals, or
(vii)
				appropriately planned services, expenditures and reports have been completed,
				and additional vocational rehabilitation services are either unnecessary or
				inappropriate, except as may be provided under post-employment
				services.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 4 - CASE MANAGEMENT AND RECORDS › Section 4-1 - Case Record

Current through July 13, 2024
(a) DVR shall
				maintain for each applicant for, and recipient of, vocational rehabilitation
				services a case record which includes, to the extent pertinent, documentation
				that is stipulated in regulations of the Rehabilitation Act and its amendments.
				Case records will be destroyed three years after closure. If any litigation,
				claim, negotiation, audit or other action involving the records has been
				started before the expiration of the 3 year period, the records shall be
				retained until completion of the action and resolution of all issues which
				arise from it, or until the end of the regular 3-year period, whichever is
				later.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 4 - CASE MANAGEMENT AND RECORDS › Section 4-2 - Confidentiality

Current through July 13, 2024
(a) All clients, applicants or client
				representatives shall be informed of the Division's need to collect certain
				personal information and its policies governing its use and
				confidentiality.
(b) The VR
				counselor shall explain to each client or applicant whether the provision of
				personal information is mandatory or voluntary and the effects of not providing
				requested information to DVR.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 4 - CASE MANAGEMENT AND RECORDS › Section 4-3 - Disclosure of Client Data

Current through July 13, 2024
(a) All client or
				applicant information acquired as a part of the rehabilitation process shall
				remain the property of the Division of Vocational Rehabilitation and is
				strictly confidential.
(b) Client
				information shall only be used for purposes directly related to the
				administration of the individual's vocational rehabilitation program. This
				information cannot be shared with anyone except Wyoming Division of Vocational
				Rehabilitation staff, without the informed written consent of the client.
				Exceptions to this are when:
(i) Federal or
				State laws require it;
(ii) In
				response to investigations in connection with law enforcement, fraud, or abuse
				except where expressly prohibited;
(iii) It is in response to a judicial order;
				or
(iv) It is to be used as
				protection for the individual or others when the individual poses a threat to
				his or her safety or to the safety of others.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 4 - CASE MANAGEMENT AND RECORDS › Section 4-4 - Client Access to Information

Current through July 13, 2024
(a) Clients or
				applicants or, as appropriate, their representatives have the right to see and
				obtain copies of any information that DVR maintains on them except:
(i) medical, psychological, or other
				information which the counselor believes may be potentially harmful to the
				individual shall be provided to a third party chosen by the applicant or
				eligible individual.
(ii)
				authorized applicants or eligible individuals can request that misleading or
				inaccurate information in the individual's file be amended and have the request
				documented in the individuals file. If the information is not amended, the
				request for an amendment must be documented in the record of services (client
				file).
(iii) case service files
				must be available for inspection by the applicant or eligible
				individual.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 4 - CASE MANAGEMENT AND RECORDS › Section 4-6 - Informed Choice

Current through July 13, 2024
(a) The qualified
				rehabilitation counselor will inform each applicant and eligible individual,
				including students with disabilities who are making the transition from
				programs under the responsibility of an educational agency to programs under
				the responsibility of the designated State unit, through appropriate modes of
				communication, about the availability of and opportunities to exercise informed
				choice, including the availability of support services for individuals with
				cognitive or other disabilities who require assistance in exercising informed
				choice throughout the vocational rehabilitation process;
(b) Counselor will assist applicants and
				eligible individuals in exercising informed choice in decisions related to the
				provision of assessment services;
(c) Counselor will facilitate the provision
				of vocational rehabilitation services and afford eligible individuals
				meaningful choices among the methods used to procure vocational rehabilitation
				services;
(d) Counselor will assist
				eligible individuals or, as appropriate, the individuals' representatives in
				acquiring information that enables them to exercise informed choice in the
				development of their Individualized Plan for Employment (IPE's) with respect to
				the selection of the:
(i) Employment
				outcome;
(ii) Specific vocational
				rehabilitation services needed to achieve the employment outcome.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 5 - BUSINESS ENTERPRISE PROGRAM › Section 5-1 - Introduction

Current through July 13, 2024
(a) The Business Enterprise Program (BEP) is
				a program established by the Division of Vocational Rehabilitation (DVR) to
				create employment opportunities for eligible DVR clients by establishing small
				businesses on state owned public property. The BEP is also responsible for the
				administration of Wyoming Statutes 9-2111(a)(iv)(vii) and (viii), regarding the
				creation, bidding out and contracting of all vending machine sites on State
				owned public property.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 5 - BUSINESS ENTERPRISE PROGRAM › Section 5-2 - Vending Machines Services

Current through July 13, 2024
(a) Identifying
				Vending Machine Locations. BEP, in cooperation with the administrator or
				governing body of a vending machine site shall identify locations on the
				vending machine site where vending machines may be installed and
				operated.
(b) Types of Vending
				Services. BEP, in cooperation with the administrator or governing body of a
				vending machine site, shall determine the type of vending service to be
				installed and operated at each vending machine's location.
(c) Utility Services for Vending Machines.
				Neither DVR, nor BEP shall be responsible for providing floor space, remodeling
				costs or utility services for vending machines.
(d) Request for Bid Proposals. BEP shall
				solicit bid proposals for the installation and servicing of vending machines at
				vending machine sites, through the Department of Administration and
				Information, Procurement Services Division.
(e) Awarding Vending Contracts. BEP shall
				review and score all submitted bid proposals and award the vending contract to
				the bidder receiving the highest bid proposal score.
(f) Tie Bid Proposals. In the event two or
				more bid proposals tie for the vending contract, tie proposers shall submit a
				second written bid proposal. The vending contract shall be awarded to the
				bidder who offers the highest commission rate.
(g) Vending Machine Commissions. Commissions
				from vending machines on State owned public property shall be paid to BEP on at
				least a quarterly basis.
(h) Use of
				Commissions from Vending Machines not in Direct Competition. Commissions from
				vending machines on State owned public properties which are not in direct
				competition with a BEP small business shall be used for:
(i) BEP administrative expenses;
(ii) purchasing of initial equipment, stocks,
				and supplies for starting new
(iii)
				BEP small businesses;
(iv)
				maintenance of equipment; and
(v)
				purchasing replacement equipment.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-1 - Authority

Current through July 13, 2024
(a) This chapter of the Rules is promulgated
				pursuant to Wyoming State Statute
										27-14-408, in
				cooperation with the Worker Safety and Compensation Division, Department of
				Employment.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-2 - Purpose

Current through July 13, 2024
(a) This chapter of the Rules is adopted to
				promote the employment of eligible workers compensation recipients, who do not
				meet the eligibility requirements of the Federally funded vocational
				rehabilitation program.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-3 - Application and Eligibility

Current through July 13, 2024
(a) Eligibility for
				this program shall be determined by the Division of Worker Safety and
				Compensation, Department of Employment.
(b) Upon receipt of the determination of
				eligibility, the DVR Counselor will provide the applicant with a written
				explanation of the services available, and the procedures for developing and
				supervising an Individualized plan for employment (IPE).
(c) The DVR Counselor will determine if the
				injured worker is eligible for the Federally funded vocational rehabilitation
				program. If not eligible for that program, the injured worker is eligible for
				the State funded program.
(d) All
				DVR Rules and Regulations apply to the State funded program, except as noted in
				this chapter.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-4 - Financial Policies

Current through July 13, 2024
(a) Provision of
				services shall not exceed  five years
				or a total cost of $30,000 unless extended or increased for extenuating
				circumstances agreed upon by the client, the Division of Vocational
				Rehabilitation and the Division of Worker Safety and Compensation.
(b) The least costly feasible plan for
				services will be developed, consistent with the client's rehabilitation
				goals.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-5 - Cost of Services

Current through July 13, 2024
(a) Under the State
				funded Workers' Compensation/Vocational Rehabilitation program, vocational
				rehabilitation services will be provided without reference to the financial
				needs of the individual.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-6 - Limitation of Services

Current through July 13, 2024
(a) Maintenance
				(living expenses) may be provided as a part of the IPE if the client is not
				receiving payments for living expenses from any other government benefit
				program including Workers' Compensation, and any other sources of household
				income are insufficient to pay minimally necessary living expenses, provided
				the vocational rehabilitation program is pursued as rapidly as
				possible.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-7 - Case Closure

Current through July 13, 2024
(a) The client's
				counselor with approval of the DVR Area Manager, shall recommend to the
				Division of Worker Safety and Compensation that an individual's case be closed
				when it has been determined that:
(i) The
				client has failed to cooperate, or
(ii) The client has failed to maintain
				satisfactory progress toward the mutually agreed upon rehabilitation plan
				goals, or
(iii) Planned services
				have been completed, and additional vocational rehabilitation services are
				either unnecessary or inappropriate.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 6 - WORKERS' COMPENSATION PROGRAM › Section 6-8 - Rehabilitation Expenses-Funds Transfer

Current through July 13, 2024
(a) Expenses
				incurred for administrative and program costs under
				W.S.
				27-14-408 shall be paid by the Division of
				Vocational Rehabilitation. The funds for these expenses shall be advanced by
				the Division of Worker Safety and Compensation on not more than a quarterly
				basis. The amount to be advanced shall be determined by the established
				caseload average expenses. If the client is eligible under State criteria the
				Division of Worker Safety and Compensation will advance the total expenses
				incurred within the limits allowed under W.S.
				W.S.
				27-14-408(e)(ii). If the
				client meets federal criteria, the Division of Worker Safety and Compensation
				will advance the nonfederal share of expenses up to the required state matching
				rate under the Federal Rehabilitation Act within the limits allowed under
				
										27-14-408(e)(ii).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-2 - Purpose

Current through July 13, 2024
This Chapter prescribes procedures by which the Department
				  shall carry out its mandate to enforce all laws enacted by the legislature of
				  Wyoming relating to labor, wages, and hours of labor, as required by Wyoming
				  Statute §
									
										27-2-104(a)(i).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-3 - Definitions

Current through July 13, 2024
(a) "Claim" means a
				signed written or electronic complaint filed with Labor Standards by the
				employee on a form provided by Labor Standards, claiming unpaid wages are due
				and owed to the employee pursuant to Wyoming Statute §§
									
										27-4-101, -104, or -507.
(b) "Claimant" means any employee submitting
				a claim as defined in subsection (a).
(c) "Compensation" means remuneration, pay,
				salary, bonus, or commission to be received by an employee for labor, services
				or as a result of his or her employment whether the compensation is determined
				on a time, task, weight, piece, hourly, chore or other basis.
(d) "Fringe Benefits" means any payments to
				the employee or to a fund for the benefit of the employee which are due the
				employee under an agreement with the employer or under a policy of the employer
				including but not limited to: vacation; holiday; welfare; pension; subsistence;
				or profit sharing.
(e) "Labor
				Standards" means a program within the Department of Workforce
				Services.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-4 - Filing Procedures

Current through July 13, 2024
(a) Upon receipt of
				a claim, Labor Standards shall serve, by regular mail to the employer's last
				known address or by personal delivery, a copy of the claim together with a
				letter of instructions for responding to the claim.
(b) The employer shall have ten (10) days
				from the letterhead date to submit a response to such claim.
(c) Where the employer concedes the validity
				of the claim, Labor Standards shall order payment of the claimed
				amount.
(d) Labor Standards shall
				serve a copy of the employer's answer by regular mail or personal delivery upon
				the claimant.
(e) The claimant
				shall submit a reply to the employer's answer within ten (10) days from the
				letterhead date.
(f) If either
				party fails to submit a timely response or reply, Labor Standards shall proceed
				with its investigation based on that information which has been
				filed.