North Carolina Administrative Code

10A ncac 63c .0403 PROCEDURE (a) A licensee, operator, or the ECBV dissatisfied with any action or inaction taken by the Division related to the Business Enterprises Program may request an informal review by the Operator Relations Committee. Participation in an informal review is…

SECTION .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM 10A ncac 63c .0501 ELECTION History Note: Authority G.S. 111-27; 143B-157; 34 C.F.R. 395.14; 20 U.S.C. sec. 107; Eff. October 1, 1978; Amended Eff. August 1, 2002; May 1, 1996; February 1, …

10A ncac 63c .0506 ORGANIZATION AND OPERATION (a) The Division shall provide for the biennial election of a State Elected Committee of Blind Vendors (ECBV) that, to the extent possible, shall be fully representative of all blind licensees and operators in the Business Enterprises…

10A NCAC 63C .0507 MEETINGS History Note: Authority G.S. 111-27; 143B-157; 34 C.F.R. 395.14; 20 U.S.C. sec. 107a et seq., as amended; Eff. October 1, 1978; Amended Eff. May 1, 1996; February 1, 1983; Expired Eff. December 1, 2015 pursuant to G.S. 150B-21.3A.

10A ncac 63c .0508 FUNCTIONS (a) The ECBV shall actively participate with the Division in major administrative decisions and policy and program development decisions affecting the overall administration of the Business Enterprises Program. The Division and the ECBV shall comply w…

10A ncac 63c .0509 SUBCOMMITTEES History Note: Authority G.S. 111-27; 143B-157; 34 C.F.R. 395.14; 20 U.S.C. Sec. 107; Eff. October 1, 1978; Amended Eff. August 1, 2002; May 1, 1996; February 1, 1984; Repealed Eff. October 1, 2108.

10A NCAC 63C .0510 COMMUNICATION AND NOTICE History Note: Authority G.S. 111-27; 34 C.F.R. 395.14; 20 U.S.C. sec. 107a et seq., as amended; Eff. October 1, 1978; Expired Eff. December 1, 2015 pursuant to G.S. 150B-21.3A.

10A ncac 63c .0511 COMMITTEE INITIATIVE The committee may initiate matters for consideration and its views and positions shall be considered by the Division. History Note: Authority G.S. 111-27; 34 C.F.R. 395.14; 20 U.S.C. Sec. 107; Eff. October 1, 1978; Amended Eff. August 1, 20…

10A ncac 63c .0512 DIVISION RESPONSIBILITY AND RELATIONSHIP WITH COMMITTEE The Division shall be responsible for the administration of the Business Enterprises Program. It shall consider all recommendations forthcoming from the Elected Committee of Blind Vendors. If the Division …

SECTION .0600 - RESPONSIBILITIES OF LICENSED OPERATORS 10A ncac 63c .0601 GENERAL RESPONSIBILITIES (a) A Business Enterprises operator shall: (1) ensure the operation of a Business Enterprises facility in accordance with the rules of the Commission for the Blind, the contractual …

10A ncac 63c .0602 HOURS OF OPERATION History Note: Authority G.S. 111-27; 143B-157; 34 C.F.R. 395.7; 20 U.S.C. Sec. 107; Eff. February 1, 1976; Readopted Eff. November 16, 1977; Amended Eff. August 1, 2002; May 1, 1996; February 1, 1984; October 1, 1978; Expired Eff. December 1,…

10A NCAC 63C .0603 SECURITY The operator shall ensure that security and safety measures are carried out in accordance with good business practice and the requirements of each location. History Note: Authority G.S. 111-27; 34 C.F.R. 395.7; 20 U.S.C. sec. 107a et seq., as amended; …

10A ncac 63c .0604 REPORTS History Note: Authority G.S. 111-27; 143B-157; 34 C.F.R. 395; 20 U.S.C. Sec. 107; Eff. February 1, 1976; Amended Eff. August 1, 1976; Readopted Eff. November 16, 1977; Amended Eff. August 1, 2002; May 1, 1996; February 1, 1996; February 1, 1984; October…

10A ncac 63c .0605 REPAIRS (a) Operators shall secure repairs to equipment not to exceed a dollar amount as determined by the Division on an annual basis. (b) If the repair rate exceeds the amount as determined by the Division, bids must be obtained and submitted to the Division …

10A ncac 63c .0606 EQUIPMENT: MERCHANDISE: SUPPLIES: CASH (a) Each operator shall sign a receipt for all equipment, merchandise, supplies, and cash for which he is entrusted when initially placed in a Business Enterprises facility, and shall be held accountable for those assets. …

10A ncac 63c .0607 INSURANCE (a) Each operator must maintain adequate bodily injury, property damage, and food products liability insurance as will protect the operator, anyone employed by the operator, and the Division against losses and claims arising out of the conduct of the …

10A ncac 63c .0608 PRICING OF MERCHANDISE (a) Each operator shall determine his own pricing structure commensurate with prevailing pricing of local competitors and shall not take advantage of customers through unfair pricing practices. (b) Notwithstanding Paragraph (a) of this Ru…

SECTION .0700 - EARNINGS: FUNDS: AND PROCEEDS 10A ncac 63c .0701 MINIMUM FAIR RETURN AND DEFINITIONS History Note: Authority G.S. 111-27; 34 C.F.R. 395.8; 34 C.F.R. 395.9; 20 U.S.C. sec. 107; Eff. February 1, 1976; Readopted Eff. November 16, 1977; Amended Eff. August 1, 2002; Ap…

10A ncac 63c .0702 SET-ASIDE (a) "Set-aside" and "Net Proceeds" are used as defined in 34 CFR 395.1. (b) The Division shall set aside funds from the net proceeds of each business enterprises facility to be used for the purposes outlined in 34 C.F.R. 395.9. (c) The set-aside shall…

10A ncac 63c .0703 DISTRIBUTION OF PROCEEDS History Note: Authority G.S. 111-27; 143B-157; 34 C.F.R. 395.4; 20 U.S.C. Sec. 107; Eff. February 1, 1976; Amended Eff. December 1, 1976; Readopted Eff. November 16, 1977; Amended Eff. August 1, 2002; May 1, 1996; April 1, 1990; October…

10A ncac 63c .0704 INCOME FROM VENDING MACHINES ON FEDERAL PROPERTY 34 C.F.R. 395.8 is incorporated by reference with subsequent amendments and editions, and may be found at no cost at https://www.govinfo.gov/content/pkg/CFR-2018-title34-vol2/pdf/CFR-2018-title34-vol2-sec395-8.pd…

SUBCHAPTER 63E - INDEPENDENT LIVING SERVICES SECTION .0100 - ELIGIBILITY FOR SERVICES 10A ncac 63E .0101 BASIC ELIGIBILITY CRITERIA (a) In addition to the requirements of 10A NCAC 71R .0600, where applicable, an individual must be determined eligible to receive services under the…

10A ncac 63E .0102 ELIGIBILITY based on vision loss The following categories show the level of vision loss which must exist in order for a person to meet the definition of visually impaired or blind for the purpose of being served by the social worker for the blind: (1) legally b…

section .0200 – goals and services 10A ncac 63E .0201 GOALS All services provided to consumers of the Division of Services for the Blind Independent Living Services Program shall be directed towards the three goals of: (1) achieving and maintaining self-sufficiency, including red…

10A ncac 63E .0202 SERVICES (a) The following services are provided by the Division of Services for the Blind under this Section: (1) In-Home Aide Services: Chore Services for the Blind. In-Home Aide Services are those services which assist the individual or family with essential…

SECTION .0300 - DELIVERY OF SERVICES 10A NCAC 63E .0301 AUTHORIZATION: INDEPENDENT LIVING SERVICES The Authorization for Services is needed to authorize purchase of any Title XX services and components. This form is completed by the social worker for the blind. History Note: Auth…

section .0400 – individual rights 10A ncac 63E .0401 CONFIDENTIALITY All information contained in the consumer files of the agency is confidential and shall not be released to anyone except upon the written consent of the consumer or in compliance with other state or federal laws…

10A ncac 63E .0402 APPEAL TO DESIGNATED AGENCY REPRESENTATIVE (a) If a consumer is dissatisfied with an action taken by or service delivered by the independent living service program, that consumer may request a conference with the designated agency representative. (b) A conferen…

10A ncac 63E .0403 request FOR contested case HEARING (a) If the results of the conference are unsatisfactory, the consumer shall be informed by the designated agency representative of his or her right to a contested case hearing. (b) All petitions for review of agency decisions …

SUBCHAPTER 63F - VOCATIONAL REHABILITATION SECTION .0100 - SERVICES 10A ncac 63F .0101 eligibility for and authorization of SERVICES (a) An Individualized Plan for Employment shall be developed to provide services to applicants to the vocational rehabilitation program who meet th…

10A ncac 63F .0102 TRAINING AND TRAINING MATERIALS (a) The Division shall furnish training to all eligible individuals to the extent necessary to achieve their vocational rehabilitation outcome and to the extent that entry level qualifications of the job, profession, or employmen…

10A ncac 63F .0103 PHYSICAL and mental RESTORATION SERVICES (a) The following physical and mental restoration services may be provided to consumers if required in order to complete an assessment for the purposes of determining eligibility or as part of an Individualized Plan for …

10A ncac 63F .0104 TRANSPORTATION (a) The Division shall furnish transportation to eligible individuals and to members of their family, in connection with the provision of diagnostic and other services when such transportation is necessary to the individual's vocational rehabilit…

10A ncac 63F .0105 MAINTENANCE (a) Maintenance shall be provided by the Division only in order to enable an applicant or eligible consumer to derive the full benefit of other vocational rehabilitation services being provided. Service costs shall be limited to the amount of increa…

10A ncac 63F .0106 job placement (a) Successful employment in a competitive integrated setting is the ultimate goal of the vocational rehabilitation program and the goal toward which all services are directed. Division staff shall assist eligible consumers pursue employment in a …

10A ncac 63F .0107 establishment of small business operations (a) The Division shall provide technical assistance and other services to eligible individuals for whom it has been determined that self-employment through a small business operation is the employment outcome to be ach…

10A ncac 63F .0108 READER SERVICES (a) Reader service may be provided in order to assist a consumer in completing an assessment or as part of the services required under a consumer's Individualized Plan for Employment in order to achieve the stated employment outcome. (b) When re…

10A ncac 63F .0109 INTERPRETER SERVICES The Division shall provide sign language interpreter services for deaf and hard of hearing consumers and foreign language interpreter services for consumers for whom English is not their native language as follows: (1) Interpreter service s…

10A ncac 63F .0110 SERVICES TO FAMILY MEMBERS (a) For purposes of this Subchapter, "family members" is used as defined in 34 C.F.R. 361.5(b)(23). (b) Services may be provided to family members of applicants or consumers receiving services under an Individualized Plan for Employme…

10A ncac 63F .0111 SERVICES to groups of individuals (a) Consistent with the provision of 34 C.F.R. 361.49 the Division may provide vocational rehabilitation services to groups of individuals including construction of a facility for community rehabilitation purposes as contained …

10A ncac 63F .0112 OTHER SERVICES: mEDICAL cARE (a) The Division shall provide to eligible consumers other goods and services available as provided in 34 C.F.R. 361.48(t), when such services are necessary to determine the rehabilitation potential of the client or to render him fi…

10A ncac 63F .0113 RATES OF PAYMENT Vendors providing any services authorized by the state agency must agree not to make any charge to or accept any payment from the consumer or his family for services unless the amount of the charge or payment is previously known and approved by…

section .0200 - CONSTRUCTION OF REHABILITATION FACILITY 10A ncac 63F .0201 PURPOSE The primary purpose of the construction of any rehabilitation facility is to provide vocational rehabilitation services to individuals with disabilities that include work evaluation and training th…

10A ncac 63F .0202 DEFINITIONS The Division shall comply with definitions and guidelines as specified for "Construction of a public or nonprofit community rehabilitation program" as found in 34 C.F.R. 361.5(b)(12). History Note: Authority G.S. 111-28; 34 C.F.R. 361.5(b)(12); Eff.…

SECTION .0300 - STANDARDS FOR FACILITIES 10A ncac 63F .0301 TYPES OF FACILITIES (a) The Division shall use whenever feasible facilities that are accredited by a public authority or professional organization to provide medical care, education, and other services. Facilities shall …

section .0400 – economic need 10A ncac 63F .0401 BENEFITS (a) The Division of Services for the Blind shall give consideration to all other benefits available to the consumer with a visual disability by way of pension, compensation, or insurance to meet, in whole or in part, the c…

10A ncac 63F .0402 ECONOMIC NEEDS POLICIES (a) The Division of Services for the Blind shall establish the economic need of each eligible consumer either simultaneously with or prior to the provision of those services for which the Division requires a needs test. The financial nee…

10A NCAC 63F .0403 ECONOMIC NEEDS SCHEDULE (a) The Division of Services for the Blind shall determine a consumer's financial eligibility for services subject to a financial needs test by application of the financial eligibility scale established by the General Assembly. Copies of…

SECTION .0500 - APPLICANTS 10A ncac 63F .0501 REFERRALS Applicants for services shall be assigned to a rehabilitation counselor. The rehabilitation counselor shall contact all referrals as promptly as possible. The counselor must make a decision regarding eligibility of the appli…

10A ncac 63F .0502 ORDER OF SELECTION FOR SERVICES All vocational rehabilitation services shall be provided without delay to all individuals determined to be eligible for services; however, if a situation should develop under which vocational rehabilitation services cannot be ext…