Arkansas Administrative Code

20 CAR § 830-104. Permit — Application. (a) Proof of publication. Before making application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existi…

20 CAR § 830-105. Permit — Investigation by the Department of Health. Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit to establish a new cemetery or to extend the boundaries of an e…

20 CAR § 830-106. Permit — Approval by board and issuance of permit. (a) If the application for a new perpetual care cemetery or extension of boundaries of an existing perpetual care cemetery is approved, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Ser…

20 CAR § 830-107. Permit — Amendment. (a)(1) An application to modify an existing permit shall be filed and shall include the information required in Arkansas Code § 20-17-1011. (2) A specific form is not required, but the application must be in writing and signed in the presence…

20 CAR § 830-108. Permit —Transfer of ownership. (a)(1) A specific form is not required. (2) However, one (1) original copy signed in the presence of a notary, and one (1) copy of the application to transfer ownership of a cemetery shall be filed with the State Board of Embalmers…

20 CAR § 830-109. Permanent maintenance fund generally. (a)(1) Each permanent maintenance fund shall have a written trust agreement governing the operation of the fund. (2) A copy of the trust agreement shall be filed with the State Board of Embalmers, Funeral Directors, Cemeteri…

20 CAR § 830-110. Permanent maintenance fund — Trustees. (a)(1) If a permanent maintenance fund is overseen by three (3) trustees, then the minutes of the trustee meetings must be maintained by the cemetery company. (2) The minutes must be signed by all three (3) trustees, reflec…

20 CAR § 830-111. Permanent maintenance fund — Required deposits. (a)(1) A cemetery company may elect to discount installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash. (2) When this election is made, the required …

20 CAR § 830-112. Conveyance of lots. (a) Deeds or other instruments of conveyance shall be issued only by the cemetery company that holds the perpetual care cemetery permit. (b) Requirements: (1) The original deed or other instrument of conveyance, and one (1) copy of the deed o…

20 CAR § 830-113. Records required. (a)(1) All cemetery companies must keep a book, journal, or comparable record of cash receipts and disbursements showing the date, amount, person from who received or to whom disbursed, and the purpose of each receipt or disbursement. (2) This …

20 CAR § 830-114. Annual report of cemetery company — Fees. (a) The fee for filing an annual report is three hundred twenty-five dollars ($325). (b) The burial sale contract fee is seven dollars ($7.00) for each burial sale contract entered into.

20 CAR § 830-115. Insolvent cemetery grant funds. (a) An organization is eligible to receive insolvent cemetery grant funds if the organization operates a perpetual care cemetery that is insolvent or is in financial distress as determined by the State Board of Embalmers, Funeral …

20 CAR § 831-101. Purpose. (a) The purpose of this part is to establish the process by which a cemetery company may make withdrawals from the principal balance of the cemetery’s permanent maintenance fund. (b) The withdrawals shall be used only for funding infrastructure repairs …

20 CAR § 831-102. Definitions. As used in this part: (1)(A) “Capital improvement” includes, but is not limited to, the construction or preservation of any: (i) Permanent building; (ii) Structure; (iii) Fence; (iv) Wall; (v) Road; (vi) Pathway; or (vii) Utility such as an irrigati…

20 CAR § 381-103. Requirements. (a) The cemetery company shall submit its request in writing, on a form or forms created and approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services or in such form as the board may require, at least twenty (20)…

20 CAR § 835-1001. Record of services. (a)(1) In accordance with federal and state rules and regulations, Arkansas Rehabilitation Services will maintain case record documentation on each applicant or eligible individual. (2) 34 C.F.R. § 361.47. (b)(1) A record of services will be…

20 CAR § 835-1002. Electronic case file (ECF). (a) The individual’s electronic case file (ECF) is the official record of services. (b) The ECF will contain all relevant correspondence, reports, forms, financial records, and documentation of the individual’s rehabilitation program…

20 CAR § 835-1003. Record of services (ECF) documentation. (a)(1) The primary purpose of documentation is to facilitate the counseling relationship by bringing into focus all the pertinent data about the individual. (2) This enables the counselor to: (A) Understand the individual…

20 CAR § 835-1004. Individual record of services — ECF procedures. (a) Intake: (1) Social Security card; (2) Driver’s license/ID; (3) Application for services; (4) Informed consent (if under age eighteen (18)); (5) Release of information form; (6) Conflict of interest form; (7) C…

20 CAR § 835-1005. Record retention. (a)(1) With the exception of certain files in Status 00, Arkansas Rehabilitation Services will retain all records of services for a period of seven (7) years. (2) See 34 C.F.R. § 80.42, Arkansas Code § 25-18-601, and the current Arkansas Gener…

20 CAR § 835-101. Purpose. (a) Arkansas Rehabilitation Services receives a federal grant from the United States Rehabilitation Services Administration (United States Department of Education, Office of Special Education and Rehabilitative Services) to operate a comprehensive, coor…

20 CAR § 835-102. Public access to administrative policy. (a) Combined state plan. This multi-year plan: (1) Contains a collaborative description of: (A) Arkansas Rehabilitation Services; (B) The Division of Workforce Services; (C) The Adult Education Section; and (D) The Divisio…

20 CAR § 835-1101. General duty to safeguard confidentiality. (a) Arkansas Rehabilitation Services employees are responsible for protecting the confidentiality of a client’s or applicant’s record of services, including all identifying information contained in: (1) Reports; (2) Li…

20 CAR § 835-1102. Records treated as confidential. (a)(1) This section applies to “personal information”, as that term is used in 34 C.F.R. § 361.38 and related regulations. (2) “Personal information” includes: (A) Photographs; (B) Lists of names; (C) Medical, psychological, and…

20 CAR § 835-1103. Release to the client or the client’s representative. (a) If requested in writing by a client or a client’s representative, Arkansas Rehabilitation Services will generally make all personal information in that client’s record of services directly accessible to …

20 CAR § 853-1104. Release for purposes of audit, evaluation, or research. (a) Arkansas Rehabilitation Services may release personal information to an organization, agency, or individual engaged in audit, evaluation, or research, but only: (1) For purposes directly connected with…

20 CAR § 835-1105. Release to other programs or authorities. (a) If requested in writing by the client or the client’s representative, and supported by a written agreement between Arkansas Rehabilitation Services and the third-party agency, Arkansas Rehabilitation Services may re…

20 CAR § 835-1201. Current year refunds. (a) The vendor should make the refund check payable to the Arkansas RehabilitationServices. (b) The check should carry the name of the individual. (c) The refund and memorandum giving full information about the refund will be sent to the C…

20 CAR § 835-1202. Prior year refunds. (a) The vendor should make the check payable to Arkansas Rehabilitation Services. (b) The check should carry the name of the individual. (c) All refunds will be sent to the Chief of Field Services or his or her designee. (d) The refund and a…

20 CAR § 835-1203. Individual’s contribution. (a) Individual contributions are to be paid to the vendor. (b) If an individual contributes to Arkansas Rehabilitation Services toward the cost of any services or goods, an Arkansas Rehabilitation Services authorization will be writte…

20 CAR § 835-1204. Warrant (check) pickup policies and procedures. (a)(1) The coding of agency vendor warrants for hard copy pickup is a “by exception only” procedure that requires the Commissioner of Arkansas Rehabilitation Services’ approval via the Chief Fiscal Officer. (2) Th…

20 CAR § 835-1301. Prior approval generally. (a) “Prior approval” is defined as the rehabilitation program and other record of services materials are reviewed and approved by a manager or his or her designee before the services planned for are initiated. (b) The manager or his or…

20 CAR § 835-1302. Prior approval — New counselors. (a) A manager’s or designee’s prior approval is required on all cases during a new counselor's twelve-month probationary period. (b) Approval will be indicated on all: (1) Authorizations for diagnostic services exceeding two hun…

20 CAR § 835-1401. Due process steps and procedures. (a) Due process begins once an applicant/client makes a request verbally or in writing for review of a determination affecting the provision of vocational rehabilitation services. (b) Due process will normally progress in the f…

20 CAR § 835-1402. Impact on provision of services. (a) Arkansas Rehabilitation Services shall not suspend, reduce, or terminate services (including evaluation and assessment services and IPE development) being provided to the applicant/client pending a resolution through due pro…

20 CAR § 835-1403. Notification of rights. (a) The applicant/client will be notified of their rights at each of the due process steps. (b) In addition to the procedural safeguards discussed elsewhere in this section, the applicant/client is entitled to the following rights during…

20 CAR § 835-1404. Step 1 — Determination of counselor. (a)(1) Whenever a determination is made by Arkansas Rehabilitation Services that affects the provision of vocational rehabilitation services, the applicant/client can request a review of that determination. (2) See generally…

20 CAR § 835-1405. Step 2 — Administrative review. (a)(1) The District Manager/Director of the Arkansas Career and Technology Institute will hold an administrative review within ten (10) calendar days of the applicant/client’s request for review of the counselor’s determination. …

20 CAR § 835-1406. Step 3 — Mediation (optional). (a)(1) Mediation is available to the applicant/client before an impartial hearing is requested. (2) Mediation is not used to deny or delay the right of an individual to a hearing or to deny any other right afforded by law or Arkan…

20 CAR § 835-1407. Step 4 — Impartial hearing. (a)(1) Each applicant/client has the right to a review, through an impartial hearing, of determinations made by Arkansas Rehabilitation Services personnel that affect the provision of vocational rehabilitation services to applicants/…

20 CAR § 835-1408. Step 5 — Availability of civil action. (a) Any party who disagrees with the findings and decision of the IHO has a right to bring a civil action with respect to the determination under review. (b) The action may be brought in any: (1) District court of the Unit…

20 CAR § 835-201. Referral (Status 00). (a)(1) Arkansas Rehabilitation Services will receive referrals from any source. (2)(A) Eligibility requirements will be applied without regard to the person’s: (i) Sex; (ii) Race; (iii) Age; (iv) Creed; (v) Color; or (vi) National origin. (…

20 CAR § 835-202. Application (Status 02). (a)(1) An individual is considered an applicant and placed in Status 02 when: (A) Sufficient information to initiate an assessment is received, through written application or other method; and (B) The individual is available to complete …

20 CAR § 835-203. Trial work experience (Status 06). (a)(1) The purpose of the trial work experience is to enable the counselor to make a decision when the counselor questions whether the applicant can or cannot work due to the severity of disability. (2) The trial work experienc…

20 CAR § 835-301. Eligibility or ineligibility determination generally. (a)(1) Arkansas Rehabilitation Services has the sole responsibility for determining eligibility for VR services. (2) The Commissioner of Arkansas Rehabilitation Services has delegated the responsibility of de…

20 CAR § 835-302. Presumptive eligibility — Social Security Disability Insurance/Supplemental Security Income recipients. (a)(1) Social Security Disability Insurance beneficiaries and Supplemental Security Income recipients are considered to be individuals with a significant disa…

20 CAR § 385-303. Completion of preliminary diagnostic study. The counselor completes the preliminary diagnostic study when enough information is obtained to write the Certificate of Eligibility/Ineligibility.

20 CAR § 385-304. Certification of eligibility/ineligibility. (a) Eligibility. (1) The counselor must include a certification statement signed and dated in each individual's record of services indicating eligibility for VR, trial work. (2)(A) The Certificate of Eligibility/Inelig…

20 CAR § 385-305. Appeal/ineligibility determination. (a)(1) The individual may appeal the ineligibility determination. (2) The counselor will provide the individual with information on the means by which an appeal can occur, including informal and formal due process procedures, …

20 CAR § 835-306. Order of selection. (a)(1) An order of selection requires that a priority be given to individuals with the most significant disabilities in the provision of vocational rehabilitation services. (2) The order of selection is required in the event that: (A) The sta…