Montana Administrative Code

37.30.101 DEFINITIONS "Applicant" means a person who has made formal application to the department to receive vocational rehabilitation or other services administered by the Montana Vocational Rehabilitation program inclusive of the Blind and Low Vision Services program of the de…

37.30.102 VOCATIONAL REHABILITATION POLICY: INCORPORATION BY REFERENCE OF FEDERAL AND STATE AUTHORITY The department, except as otherwise provided in this chapter, adopts and incorporates by reference, for purposes of administering the program of vocational rehabilitation service…

37.30.1030 REHABILITATION FACILITIES: POLICIES ON ESTABLISHMENT The department may within its discretion financially participate in the establishment and development of rehabilitation facilities. The department does not financially participate in any of the following aspects of t…

37.30.105 VOCATIONAL REHABILITATION PROGRAM: IMPLEMENTATION OF REHABILITATION ACT OF 1973 The Administrative Rules of Montana at Title 37, chapter 30, subchapters 1 through 26 implement for the state of Montana the federal program of vocational rehabilitation services for persons…

37.30.106 VOCATIONAL REHABILITATION PROGRAM: EMPLOYMENT GOALS (REPEALED) Authorizing statute(s): Sec. 53-7-102 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-108 and 53-7-310, MCA History: NEW, 1992 MAR p. 2572, Eff. 11/26/92; TRANS, from SRS, 1998 MAR p. 2040; REP, 2002 MA…

37.30.111 VOCATIONAL REHABILITATION PROGRAM: ORDER OF SELECTION The department, in consultation with the vocational rehabilitation council, may implement an order of selection to limit eligibility for vocational rehabilitation services based upon designation by characteristics of…

37.30.1301 CONFIDENTIAL INFORMATION The confidentiality of client information will be assured in accordance with federal and state statutes and rules and with departmental policy. Authorizing statute(s): Sec. 53-7-102, 53-7-203 and 53-7-302, MCA Implementing statute(s): Sec. 53-7…

37.30.1401 FAIR HEARINGS An applicant for or consumer of services provided through this chapter who is the subject of an adverse action of the department may pursue a fair hearing as permitted by and in accordance with this rule, the applicable rules in ARM Title 37, chapter 5 sp…

37.30.1402 PROVIDER CLIENT GRIEVANCES PROCEDURES Providers of vocational rehabilitation services must establish and maintain client grievance procedures. Any matter of grievance not adequately resolved between a provider of services and a client may be brought to the department f…

37.30.1403 FAIR HEARINGS: REVIEW OF FAIR HEARING DECISIONS (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-206, 53-7-302, 53-7-315 and 53-19-112, MCA Implementing statute(s): Sec. 53-7-103, 53-7-105, 53-7-106, 53-7-203, 53-7-205, 53-7-206, 53-7-302, 53-7-303, 53-7-310, 53-…

37.30.1602 EXTENDED EMPLOYMENT SERVICES: OBJECTIVES The objectives of the extended employment program are: to facilitate the development of appropriate employment opportunities in community-based integrated job sites for persons with severe disabilities determined by the departme…

37.30.1603 EXTENDED EMPLOYMENT SERVICES: RESPONSIBILITY FOR FUNCTIONS (REPEALED) Authorizing statute(s): 53-7-102, 53-7-203, 53-7-206, 53-7-302, MCA Implementing statute(s): 53-7-203, 53-7-205, 53-7-206, MCA History: NEW, Eff. 1/3/77; AMD, 1984 MAR p. 511, Eff. 3/30/84; AMD, 1992…

37.30.1608 EXTENDED EMPLOYMENT SERVICES: EXTENDED EMPLOYMENT COMMITTEES (REPEALED) Authorizing statute(s): 53-7-102, 53-7-203, 53-7-206, 53-7-302, MCA Implementing statute(s): 53-7-203, 53-7-205, 53-7-206, MCA History: NEW, Eff. 1/3/77; AMD, 1984 MAR p. 511, Eff. 3/30/84; AMD, 19…

37.30.1612 EXTENDED EMPLOYMENT SERVICES: PROGRAM REQUIREMENTS (REPEALED) Authorizing statute(s): 53-7-102, 53-7-203, 53-7-206, 53-7-302, 53-7-315, MCA Implementing statute(s): 53-7-203, 53-7-206, MCA History: NEW, Eff. 1/3/77; AMD, 1984 MAR p. 511, Eff. 3/30/84; AMD, 1992 MAR p. …

37.30.1613 EXTENDED EMPLOYMENT SERVICES: ELIGIBILITY The department develops and maintains a prioritized waiting list from which applicants for extended employment services are drawn as funding allows. Applicants are selected to be served from the waiting list based on determinat…

37.30.1614 EXTENDED EMPLOYMENT SERVICES: SUPPORTED EMPLOYMENT REQUIREMENTS Supported employment may be provided to a client who needs assistance in entering into competitive work in integrated work settings. Supported employment as an extended employment service may be provided o…

37.30.1615 EXTENDED EMPLOYMENT SERVICES: SHELTERED EMPLOYMENT REQUIREMENTS Sheltered employment as an extended employment service may be provided only in an employment setting where the employer is a sheltered employment provider and the employment setting is within a sheltered w…

37.30.2301 OLDER BLIND PROGRAM: DEFINITIONS Definitions for purposes of this subchapter: "Advisory council" means the Montana Vocational Rehabilitation Council. "Community awareness" means conducting activities to help improve public understanding and knowledge of the aspects of …

37.30.2302 OLDER BLIND PROGRAM: ELIGIBILITY A person may receive older blind services if the program determines that the person: has appropriately applied for services; is 55 years or older in age; has a visual disability; due to the visual disability, will either have extreme di…

37.30.2303 OLDER BLIND PROGRAM: REDUCTION OF SERVICE POPULATION The department, in accordance with state and federal law, administers the program to assure the fiscal integrity of the program. If the division determines that there are insufficient fiscal or personnel resources to…

37.30.2306 OLDER BLIND PROGRAM: SCOPE OF SERVICES Older blind services are services determined by qualified staff to be necessary to assist a consumer with maintaining or increasing independence consistent with a consumer's priorities, concerns, abilities, interests, and choice. …

37.30.2310 CONSUMER GRIEVANCES AND FAIR HEARINGS A provider of older blind services must make available an informal procedure for resolution of any grievance that a consumer may have. Any matter of grievance not adequately resolved between a provider of services and a consumer ma…

37.30.2501 DEFINITIONS "Act" means the Blind Vendors Act codified as part 4 of Title 18, chapter 5, MCA. "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity is greater than 20/200 but is …

37.30.2505 ESTABLISHMENT OF BUSINESS ENTERPRISE FACILITIES Upon written notification by an agency in control of state property or responsible for the construction or remodeling of state property that a vending facility is desired on the property, or, upon its own initiative, the …

37.30.2510 ISSUANCE AND CONDITIONS OF CERTIFICATION In order to be eligible to be a certified blind person for the purposes of this subchapter, one has to be an accepted client of the vocational rehabilitation program. Criteria in the issuance of certification. Preference will be…

37.30.2515 TRANSFER AND TERMINATION If the transfer of a blind vendor from one stand to another becomes desirable or necessary, a transfer will be made only when the department, the blind vendors program and the blind vendor would benefit from such transfer. To be taken into cons…

37.30.2520 EQUIPMENT, STOCKS AND INSURANCE The department will provide each business enterprise facility with fixtures and equipment in such quantity and of such quality so as to give reasonable assurance of successful operation by the vendor. Funds for this purpose may be made a…

37.30.2525 VENDOR RESPONSIBILITIES The vendor shall receive all income derived from the operation of the business enterprise facility and any assigned vending machines after deducting the operational costs and charges mutually agreed upon. Income from vending machines on non-fede…

37.30.2530 TRAINING OF BLIND VENDORS The department will provide vocational and other training services to assist the individual in preparing for the operation of a vending facility, including personal and vocational adjustment, books, tools, and other training materials. These s…

37.30.2535 DEPARTMENT'S SET ASIDE FUNDS The department will set aside funds from the net proceeds of the operation of business enterprise facilities under the blind vendors program. To the extent that set aside funds are accumulated as provided for in (2) and (3) , those funds ma…

37.30.2540 NECESSARY COMPLIANCE All vendors shall be responsible for acquainting themselves with, and conforming to all laws, ordinances, and governmental rules and regulations pertinent to the conduct and operation of a business enterprise facility. It shall be the responsibilit…

37.30.2545 ORGANIZATION AND ELECTION - STATE COMMITTEE OF BLIND VENDORS Committee members shall be elected at an annual meeting of all blind vendors. The committee shall consist of 3 blind vendors, who shall select a chairperson. Nomination may be made by any of the assembled bli…

37.30.2550 FUNCTIONS OF COMMITTEE The blind vendors committee may advise the department in all matters relating to the blind vendors program. Committee members shall be kept informed by the department of matters within its purview that are being considered for decision. The commi…

37.30.2555 TEMPORARY OPERATION OF FACILITY BY THE DEPARTMENT When a qualified blind vendor is unavailable to operate a vending facility administered by the department under the blind vendors program, the department may provide, through contract, for the temporary management of th…

37.30.2560 CONTRACTS WITH VENDING COMPANIES The department will negotiate all contracts with vending companies for the installation of vending machines. The vending company will be selected by competitive bid. Contracts with vending companies will stipulate the type of equipment,…

37.30.2565 DISTRIBUTION AND USE OF VENDING MACHINE INCOME ON FEDERAL PROPERTY Vending machine income from vending machines on federal property and other property which has been disbursed to the department by a property managing department, agency, or instrumentality of the United…

37.30.2570 INFORMING VENDORS OF RIGHTS AND RESPONSIBILITIES Each blind vendor will be provided with a copy of these rules and regulations. Each blind vendor will be provided with a vending stand operator's manual explaining their duties as vendors of various type vending stands w…

37.30.2601 VISUAL MEDICAL PROGRAM: PURPOSES (REPEALED) (REPEALED) Authorizing statute(s): 53-7-302, MCA Implementing statute(s): 53-7-302, MCA History: NEW, 1984 MAR p. 511, Eff. 3/30/84; TRANS, from SRS, 1998 MAR p. 2040; REP, 2025 MAR, 37-1087, Eff. 1/11/25.

37.30.2605 VISUAL MEDICAL PROGRAM: SERVICES (REPEALED) (REPEALED) Authorizing statute(s): 53-7-302, MCA Implementing statute(s): 53-7-302, MCA History: NEW, 1984 MAR p. 511, Eff. 3/30/84; TRANS, from SRS, 1998 MAR p. 2040; REP, 2025 MAR, 37-1087, Eff. 1/11/25.

37.30.2608 VISUAL MEDICAL PROGRAM: ELIGIBILITY REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 53-7-302, MCA Implementing statute(s): 53-7-302, MCA History: NEW, 1984 MAR p. 511, Eff. 3/30/84; TRANS, from SRS, 1998 MAR p. 2040; REP, 2025 MAR, 37-1087, Eff. 1/11/25.

37.30.301 VOCATIONAL REHABILITATION PROGRAM: APPLICATION (REPEALED) Authorizing statute(s): Sec. 53-7-102 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-105, 53-7-303, 53-7-306 and 53-7-315, MCA History: NEW, 1982 MAR p. 1287, Eff. 7/1/82; AMD, 1992 MAR …

37.30.304 VOCATIONAL REHABILITATION PROGRAM: DETERMINATION OF ELIGIBILITY A person is eligible for vocational rehabilitation services, if the department determines the person to be eligible in accordance with the criteria of this subchapter and subchapters 4 and 7, governing elig…

37.30.305 VOCATIONAL REHABILITATION PROGRAM: ELIGIBILITY CRITERIA Vocational rehabilitation services, except those services necessary for determining eligibility for the program, are available only to a person who is determined by the department to be eligible for services. Eligi…

37.30.310 VOCATIONAL REHABILITATION PROGRAM: EXTENDED EVALUATIONS (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-105, 53-7-108, 53-7-205, 53-7-303, 53-7-306 and 53-7-310, MCA History: NEW, 1982 M…

37.30.401 VOCATIONAL REHABILITATION PROGRAM: PURCHASE OF SERVICES The department, as provided in this subchapter, may expend monies for the purchase of vocational rehabilitation services for persons who are applicants seeking to be determined eligible for vocational rehabilitatio…

37.30.404 VOCATIONAL REHABILITATION PROGRAM: ADAPTATIONS OF STANDARDS The department may, within its discretion, use in relation to a particular consumer adaptations of the financial need standard and other standards describing specific financial limitations adopted through these…

37.30.405 VOCATIONAL REHABILITATION PROGRAM: PAYMENT FOR SERVICES The consumer, except as otherwise specifically authorized in this subchapter, is responsible for paying the costs for the provision of any vocational rehabilitation services that are authorized to be provided to th…

37.30.406 VOCATIONAL REHABILITATION PROGRAM: INFORMATION FOR DETERMINATION OF FINANCIAL NEED The department may obtain information about an applicant's or a consumer's financial resources and requirements from the person or any other reliable source. An applicant's or a consumer'…

37.30.407 VOCATIONAL REHABILITATION PROGRAM: DETERMINATION OF INCOME AND FINANCIAL RESOURCES An applicant's or a consumer's income and financial resources include, if married, that of the spouse and, if unemancipated, that of the parents or guardian. An applicant's or a consumer'…

37.30.411 VOCATIONAL REHABILITATION PROGRAM: INCOME AND RESOURCES (REPEALED) Authorizing statute(s): 53-7-102, 53-7-302, 53-7-315, MCA Implementing statute(s): 53-7-102, 53-7-103, 53-7-105, 53-7-108, 53-7-303, 53-7-306, 53-7-310, MCA History: NEW, 1982 MAR p. 1287, Eff. 7/1/82; A…