Vocational Rehabilitation Programs

SBVI shall furnish a copy of the state licensing rules to each candidate or manager in addition to all written documents pertaining to the administration and management of the program. Notes N.H. Admin. Code § Ed 1019.24 Derived from Volume XLI Number 32, Filed August 12, 2021, P…

(a) Unless otherwise exempted by RSA 186-B, any properties owned or leased by the state shall recognize the rights granted to SBVI to establish vending facilities on such properties. SBVI shall be permitted to conduct surveys of state-owned or leased properties to determine the f…

The purpose of the classification system program shall be to evaluate competency skills of sign language interpreters, to maintain records of interpreter classification, and to maintain records of continuing education units required for maintenance of classification. Notes N.H. A…

The program shall be designated "The New Hampshire interpreter classification system" (NHICS). Notes N.H. Admin. Code § Ed 1020.02 Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031

An individual who applies for and meets the requirements for classification under Ed 1020.10 shall be qualified as a sign language interpreter by the department's program for the deaf and hard of hearing. Notes N.H. Admin. Code § Ed 1020.03 Derived from Volume XLI Number 32, File…

These rules shall apply to the classification process for sign language interpreters as conducted and managed by the program for the deaf and hard of hearing, in the department of education, division of workforce innovation, bureau of vocational rehabilitation. The classification…

The following definitions shall apply to Ed 1020: (a) "Deaf interpreter" means a person who is deaf and provides interpreting services as defined in section (e), below; (b) "Director" means the director of bureau of vocational rehabilitation, division of workforce innovation, dep…

(a) The state classification test for the purpose of classifying interpreters shall be administered at least once every 6 months, unless there have been no requests for a test. If 3 or more individuals request a test, a test shall be scheduled at a date sooner than the next regul…

(a) Applicants shall contact the program for the deaf and hard of hearing for an information packet which contains: (1) A description of the classification process; (2) A completed "NH Interpreter Classification System (NHICS) Application" form, June 2021 edition; (3) A descripti…

(a) The state classification test shall consist of 2 sections. Section one shall be a structured interview scored by a minimum of 4 raters. Section 2 shall be a pass or fail performance test scored by a minimum of 4 raters. (b) The structured interview shall be pass or fail and d…

(a) The coordinator or designee shall videotape section 1, the interview, and section 2, the performance portion, of the test. (b) The coordinator or designee shall send the rater scoring packet to 4 qualified raters within one week of the taping. The coordinator shall make sure …

An applicant shall be classified as a qualified sign language interpreter who: (a) Has a high school diploma or its equivalent; (b) Is 18 years of age or older; and (c) Receives a score of 75% or more on the performance test. Notes N.H. Admin. Code § Ed 1020.10 Derived from Volum…

(a) "Continuing education units (CEUs)," for the purpose of this rule, means: (1) Participation in professional workshops sponsored by a post-secondary interpreter training program, the RID, the National Association of the Deaf (NAD) or the state chapters of such organizations, o…

(a) Each team of raters shall be comprised of 2 raters who can hear and 2 raters who are deaf or hard of hearing. Raters who can hear shall possess a valid certification from RID or the NAD level V. The program for the deaf and hard of hearing shall solicit applicants from certif…

The name and date of award of each individual classified under the classification system program shall be published by the department of education in a directory of interpreters for the deaf, which shall be printed at least biennially. The directory shall also include name, sourc…

The program for the deaf and hard of hearing shall keep the following data in confidential files for a period of at least 7 years: (a) Correspondence with individual applicants; (b) Records of scores of individual tests for each applicant tested, whether the applicant was success…

An applicant aggrieved by a decision of the program relating to classification shall file a petition for reconsideration along with supporting documentation to the director within 20 business days after receipt of the decision regarding classification. If the petition for reconsi…

(a) Review procedures shall comply with 34 CFR 361.57 and New Hampshire law. (b) An individual who is dissatisfied with any determination made by personnel of the NHVR that affects the provision of vocational rehabilitation services shall request, or, if appropriate, shall reques…

(a) The NHVR shall provide an individual or, as appropriate, the individual's representative, notice as enumerated in 34 CFR 361.57(b)(1). (b) The notice required in Ed 1021.04(a) shall be provided by using the appropriate mode of communication consistent with the requirements of…

(a) An individual, or a representative of the individual, seeking review of a determination shall file a complaint with the NHVR. (b) Filing a complaint shall not prevent the individual from requesting mediation or a due process hearing in the case where the complaint is not reso…

(a) Mediation shall be voluntary and available to individuals in accordance with 34 CFR 361.57(d), and Ed 205. (b) If mediation as described in Ed 205.03 is selected by the parties and resolution is not achieved, the individual selected as a mediator shall not be the same individ…

(a) An individual shall have the option of using mediation to resolve disputes involving NHVR determinations that affect the provision of vocational rehabilitation services. Mediation shall be made available, at a minimum, whenever an individual or, as appropriate, the individual…

(a) At the time of the filing of a request to initiate a hearing under Ed 1021.07, the parties shall notify the office of legislation and hearings in the designated state agency of whether they wish to pursue mediation prior to a prehearing conference and a hearing. (b) If the pa…

(a) An individual who is dissatisfied with any determination made by personnel of the NHVR that affects the provision of vocational rehabilitation services shall notify the office of legislation and hearings in the designated state agency, in writing, if he or she wishes to reque…

The hearing shall be held no later than 60 days after the office of legislation and hearings receives a request for the hearing under Ed 1021.07, unless an agreement is reached prior to the 60th day, or unless the parties agree to a specific extension of time. Notes N.H. Admin. C…

(a) The office of legislation and hearings in the department of education shall not deny or dismiss a request for a hearing unless: (1) The individual withdraws the request in writing; (2) The hearing officer determines a party to be in default for failure to appear at the hearin…

(a) The governance unit in the department of education shall schedule mediation, if requested, and a prehearing conference and hearing as follows: (1) As soon as the mediation, if any, the prehearing conference, and the hearing have been scheduled, the office of legislation and h…

A hearing shall include the following elements: (a) A prehearing conference, governed by Ed 1021.12; (b) A hearing, governed by Ed 1021.15, shall be limited to 2 days; and (c) A hearing officer's decision under Ed 1021.16(a) shall be considered the final decision of the NHVR. Not…

The prehearing conference required by Ed 1021.10(a) shall be conducted by a hearing officer and governed by Ed 208 along with the following: (a) Parties shall be prepared to discuss the issues described in RSA 541-A:31,V(c); (b) Parties shall exchange, and provide to the hearing …

(a) Each party shall attempt in good faith to make a complete response to requests, as soon as practicable, for the voluntary production of information. (b) When a dispute between parties arises concerning a request for the voluntary production of information, releases, or docume…

(a) Any party may file a motion requesting that the hearing officer compel the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing. Any obje…

The hearing shall be conducted by a hearing officer, governed by Ed 200 along with the following: (a) All hearings shall be electronically recorded by the hearing officer or his or her designee. The hearing officer's recording shall be the official record of the hearing unless a …

(a) If the parties reach an agreement prior to the hearing, both parties shall sign a written statement requesting the cancellation of the hearing. (b) When signing a written statement requesting the cancellation of the hearing is a burden to the applicant, eligible individual, o…

(a) A hearing officer shall grant extensions of time beyond the period set out in Ed 1021.15(e) for specific periods of time at the request of either party if: (1) The party's vocational rehabilitation services would not be jeopardized by the delay; (2) The party would not have a…

(a) The hearing officer shall issue a final decision not later than 30 days after the hearing is completed. The final decision shall be consistent with RSA 541-A:35. The final decision shall be based on the provisions of the approved state plan, the Act, federal vocational rehabi…

(a) The NHVR shall not institute a suspension, reduction, or termination of vocational rehabilitation services being provided to an applicant or eligible individual, including evaluation and assessment services and IPE development, pending resolution of a request for review of a …

Any party who disagrees with the findings and decision of the hearing officer may bring a civil action to appeal that decision in a state or a United States district court of competent jurisdiction as provided in 34 CFR 361.57(i). Notes N.H. Admin. Code § Ed 1021.20 Derived from …