North Carolina Administrative Code

10A NCAC 73A .0107 REASONABLE ACCOMODATION Reasonable accommodations shall be provided to allow an applicant or recipient with disabilities to comply with the drug testing requirement in accordance with the Americans with Disabilities Act of 1990, as amended in 2008 (P.L. 110-325…

10A NCAC 73A .0108 NOTICES (a) At application and at redetermination of eligibility for cash assistance, each applicant or recipient shall receive notice of rights and responsibilities, hearing and appeal rights, and conditions for a retest. (b) At the time of testing and upon re…

CHAPTER 89 - VOCATIONAL REHABILITATION SUBCHAPTER 89A - GENERAL INFORMATION SECTION .0100 - INFORMATION REGARDING RULES 10A NCAC 89A .0101 RULES IN THIS CHAPTER The rules in this Chapter govern the provision of services by the Division of Vocational Rehabilitation Services of the…

10A NCAC 89A .0102 DEFINITIONS As used in this Chapter, the following terms have the meaning specified: (1) "Acceptance for services" means that the priority category to which an eligible individual is assigned is being served by the Division. (2) "Application date" means the dat…

SUBCHAPTER 89B - PROCEDURE SECTION .0100 - RULE-MAKING PROCEDURES 10A NCAC 89B .0101 PURPOSE AND SCOPE (a) The purpose of Rules .0101 through .0108 of this Section is to set forth the Division of Vocational Rehabilitation Services' procedures for rule-making hearings and declarat…

10A NCAC 89B .0102 PETITIONS (a) Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Division Director shall address the petition to: A.P.A. Coordinator, Division of Vocational Rehabilitation Services, 2801 Mail Service Center, R…

10A NCAC 89B .0103 NOTICE (a) When a rule-making hearing is scheduled, in response to a petition or otherwise, the Division shall give notice of a public hearing. The notice shall meet the requirements of G.S. 150B-12. (b) Persons desiring information in addition to that provided…

10A NCAC 89B .0104 HEARINGS (a) Oral Presentations. Oral presentations shall not exceed ten minutes unless, upon request either before or at the hearing, the hearing officer grants an extension of time for good cause. (b) Written Submissions. (1) Any person may file a written sub…

10A NCAC 89B .0105 JUSTIFICATION OF RULE-MAKING DECISION History Note: Authority G.S. 143-545; 143-546; 143B-10(j)(2); 150B-11; 150B-12; Eff. February 1, 1976; Amended Eff. April 1, 1990; April 1, 1988; October 20, 1979; Expired Eff. April 1, 2016 pursuant to G.S. 150B-21.3A.

10A NCAC 89B .0106 RECORD OF RULE-MAKING HEARINGS A record of all rule-making hearings shall be maintained by the office of the Division's A.P.A. Coordinator. The record shall be available for public inspection during regular office hours and shall include: (1) any petitions rela…

10A NCAC 89B .0107 FEES Except when a statute provides otherwise, the Division may charge a fee to cover the costs of meeting requests for information related to the rule-making hearing. History Note: Authority G.S. 12-3.1(c); 143-545; 143-546; 143B-10(j)(2); 150B-11; Eff. Februa…

10A NCAC 89B .0108 DECLARATORY RULINGS (a) All requests for declaratory rulings shall be by written petition and shall be submitted to: A.P.A. Coordinator Division of Vocational Rehabilitation Services 805 Ruggles Drive 2801 Mail Service Center Raleigh, North Carolina 27699-2801 …

SECTION .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS 10A NCAC 89B .0201 APPLICABILITY OF RULES Except for administrative reviews, mediation, and appeals to be conducted according to the provisions of Rules .0202 through .0228 of this Section, appeals concerni…

10A NCAC 89B .0202 WRITTEN INFORMATION FOR APPLICANTS AND CLIENTS (a) All applicants for and clients receiving vocational rehabilitation services shall be informed of the opportunities for an administrative review, mediation and an appeal available under Section 102(c) of the Reh…

10A NCAC 89B .0203 REQUEST FOR ADMINISTRATIVE REVIEW AND APPEALS HEARING (a) When any applicant for or client receiving vocational rehabilitation services wishes to request an administrative review, mediation, and an appeals hearing or only an appeals hearing, the individual shal…

10A NCAC 89B .0204 DIVISION ACTIONS IN RESPONSE TO REQUEST (a) Upon receipt of a request for an appeals hearing, the regional director shall immediately forward the original request to the Division's Chief of Operations who will arrange for the provision of information about the …

10A NCAC 89B .0205 SCHEDULING AND NOTICE OF ADMINISTRATIVE REVIEW (a) If an administrative review is to be conducted, the regional director or designee shall: (1) set a date, time and place for the administrative review; (2) send written notification by certified mail to the appl…

10A NCAC 89B .0206 APPOINTMENT OF HEARING OFFICER AND MEDIATOR Upon receipt of the applicant's or client's request for mediation and an appeals hearing or only an appeals hearing from the regional director, the Chief of Operations shall arrange for the Coordinator of Rules and Po…

10A NCAC 89B .0207 SCHEDULING AND NOTICE OF MEDIATION AND APPEALS HEARING (a) If mediation is agreed upon, the mediation shall take place prior to the appeals hearing and shall be conducted according to Rule .0210 of this Section. (b) The hearing officer shall schedule the formal…

10A NCAC 89B .0208 ADMINISTRATIVE REVIEW (a) Within 15 days of the original request for an administrative review by the applicant or client, the regional director or designee shall hold the administrative review with the applicant or client; the individual's parent, guardian or r…

10A NCAC 89B .0209 RESPONSE TO ADMINISTRATIVE REVIEW DECISION (a) If the applicant or client is satisfied with the decision resulting from the administrative review, the individual shall sign the form described in Rule .0208(b)(3) of this Section and submit it to the regional dir…

10A NCAC 89B .0210 MEDIATION (a) If both parties agree to mediation, the mediation shall take place prior to the appeals hearing. (b) Mediation shall not be used to deny or delay an individual's right to speedy complaint resolution. The mediation shall be completed in a period th…

10A NCAC 89B .0211 PROCEDURES GOVERNING HEARING The appeals hearing shall be conducted according to the provisions of 34 C.F.R. 361.57(b)(1) through (b)(3) and (b)(12) and according to Rules .0212 through .0222 and Rule .0225 of this Section. History Note: Authority G.S. 143-546.…

10A NCAC 89B .0212 VENUE (a) The appeals hearing shall be held in the county of residence in this State of the applicant or client. (b) Any party desiring a change of venue shall file a written motion for a change of venue with the hearing officer and serve copies of that motion …

10A NCAC 89B .0213 DISCOVERY (a) Parties in appeals hearings shall exchange information voluntarily, seek access to public documents as provided by law, and exhaust other informal means of obtaining discoverable material. (b) Within 15 days after receipt of a request for discover…

10A NCAC 89B .0214 PRE-HEARING CONFERENCE (a) Upon notice to all parties, the hearing officer may instruct the parties to participate in a pre-hearing conference. (b) The conference shall be informal in nature. (c) The conference shall be noted in the notice of hearing or in a su…

10A NCAC 89B .0215 SIMPLIFICATION OF ISSUES The parties to the hearing may agree in advance to simplification of issues by: (1) eliminating issues to be contested at the hearing, (2) accepting the validity of certain proposed evidence, (3) accepting the findings in some other cas…

10A NCAC 89B .0216 EVIDENCE (a) Evidence to be admitted in the hearing shall be as specified in G.S. 150B-29, G.S. 150B-30, and G.S. 150B-31. (b) This adoption by reference is made under G.S. 150B-14(c). History Note: Authority G.S. 143-546; 143B-10(j); 150B-11; 150B-14(c); 150B-…

10A NCAC 89B .0217 DISQUALIFICATION OF HEARING OFFICER (a) If at any time the hearing officer believes he or she cannot conduct the appeals hearing in a fair and impartial manner, the hearing officer shall submit to the Division staff member who appointed the hearing officer a wr…

10A NCAC 89B .0218 EX PARTE COMMUNICATIONS (a) Ex parte communications in the appeals hearing shall be governed by G.S. 150B-35. (b) This adoption by reference is made under G.S. 150B-14(c). History Note: Authority G.S. 143-546; 143B-10(j); 150B-11; 150B-14(c); 150B-35; 34 C.F.R.…

10A NCAC 89B .0219 OATH No person may testify or present arguments, views, or data orally at the hearing before being put under oath or affirmation. History Note: Authority G.S. 143-546; 143B-10(j); 150B-11; 34 C.F.R. 361.48; Eff. September 1, 1989; Pursuant to G.S. 150B-21.3A ru…

10A NCAC 89B .0220 CONDUCT OF HEARING (a) The hearing officer shall have control over the hearing, including: (1) the responsibility of having a record made of the hearing; (2) the administration of oaths and affirmations; (3) recognition of speakers; (4) prevention of repetitiou…

10A NCAC 89B .0221 FAILURE TO APPEAR (a) If the applicant or client fails to appear at the hearing and does not have a representative present, the hearing officer shall cancel the hearing. (b) The applicant or client may submit a written request for rescheduling of the hearing to…

10A NCAC 89B .0222 HEARING OFFICER'S DECISION Following the hearing, the hearing officer shall make and issue a decision as specified in 34 C.F.R. 361.57(b)(4). The decision shall be given to the applicant or client personally or by certified mail. If given by certified mail, it …

10A NCAC 89B .0223 SECRETARY'S REVIEW AND FINAL DECISION (a) Either party may request an impartial review of the hearing officer's decision according to the standards in Paragraph (d) of this Rule by the Secretary of the Department of Health and Human Services within 20 days of t…

10A NCAC 89B .0224 EXTENSIONS OF TIME (a) Reasonable time extensions may be granted for the procedures in these Rules at the request of a party or at the request of both parties except for: (1) the time for continuation of services during mediation, an appeals hearing or an admin…

10A NCAC 89B .0225 RECORD (a) The official records of appeals hearings shall be maintained in the central office of the Division. (b) Any person wishing to examine a hearing record shall submit a written request to the Chief of Operations who shall have the record prepared for in…

10A NCAC 89B .0226 TRANSCRIPTS Any person desiring a transcript of all or part of an appeals hearing shall contact the office of the Chief of Operations. A fee to cover the cost of preparing the transcript shall be charged, and the party may be required to pay the fee in advance …

10A NCAC 89B .0227 CIVIL ACTION Judicial review of decisions issued pursuant to Rules .0202 through .0225 of this Section shall be as specified in Sec. 102(c) of the Rehabilitation Act of 1973 (as amended by the Rehabilitation Act Amendments of 1998, P.L. 105-220). History Note: …

10A NCAC 89C .0103 RATES OF PAYMENT (a) Rules governing rates of payment for all purchases, vocational rehabilitation services, and current rates of payment may be reviewed 8 a.m. to 5 p.m., Monday through Friday, at the Division's State office, 805 Ruggles Drive, Dorothea Dix Ca…

10A NCAC 89C .0104 CONFIDENTIAL INFORMATION The Division shall follow the standards and procedures for safeguarding confidential information outlined in 34 C.F.R. 361.49. This adoption by reference is made under G.S. 150B-14(c). History Note: Authority G.S. 143-546; 150B-14(c); 3…

10A NCAC 89C .0105 ADMINISTRATIVE REVIEWS AND FAIR APPEALS Procedures governing administrative reviews and appeals hearings are codified in Subchapter 20B, Section .0200 of this Chapter. History Note: Authority G.S. 143-545; 143-546; 34 C.F.R. 361.48; Eff. February 1, 1976; Amend…

10A NCAC 89C .0106 CASE RECORD ON INDIVIDUAL (a) The Division shall maintain a case record on each applicant and client. The case record contains material regarding the individual to allow Division staff to: (1) determine eligibility or ineligibility; (2) determine the need for e…

10A NCAC 89C .0107 CLIENT INFORMATION FORMS (a) The Division utilizes the forms specified in this Rule in its administration of the vocational rehabilitation program. Copies of the forms are available to the public upon written request to: APA Coordinator Division of Vocational R…

10A NCAC 89C .0108 HANDICAPPED DRIVERS AND PASSENGERS: PARKING PRIVILEGES History Note: Authority G.S. 20-37.6(c); 143B-10; Eff. October 20, 1979; Amended Eff. May 1, 1990; Expired Eff. April 1, 2016 pursuant to G.S. 150B-21.3A.

10A NCAC 89C .0109 RATES AND FEES FOR PURCHASERS OF SERVICES The Division shall establish fees it charges for any services by determining the amount necessary to recoup all direct and indirect costs associated with the respective service. Direct costs are those that can be identi…

SECTION .0200 - ELIGIBILITY 10A NCAC 89C .0201 ELIGIBILITY AND INELIGIBILITY (a) Eligibility for vocational rehabilitation services is based only upon the criteria specified in 34 C.F.R. 361.42. A preliminary assessment that meets the requirements of 34 C.F.R. 361.42 shall be use…

10A NCAC 89C .0202 PROCESSING REFERRALS AND APPLICANTS (a) The Division shall maintain cooperative agreements with other public agencies and shall establish and maintain information and referral programs as required by 34 C.F.R. 361.37. (b) Each rehabilitation counselor is assign…

10A NCAC 89C .0203 APPLICANT NOTIFICATION The Division shall provide written notification to all applicants for services at the time of application that an order of selection as set out in Section .0600 of this Subchapter will be implemented if or when it is determined the Divisi…

10A NCAC 89C .0204 CONSIDERATION OF COMPARABLE SERVICES AND BENEFITS The Division shall determine whether any comparable services and benefits are available under any other program and utilize those services and benefits as required under 34 C.F.R. 361.47(b). History Note: Author…