North Carolina Administrative Code

10A NCAC 89C .0205 SERVICES COVERED BY OR EXEMPT FROM FINANCIAL NEEDS TEST (a) The financial need of a client, as determined by the financial needs test specified in Rule .0206 of this Section, shall apply as a condition for furnishing the following vocational rehabilitation serv…

10A NCAC 89C .0206 FINANCIAL NEEDS TEST (a) A client's financial need shall be determined by application of the General Assembly's financial eligibility scale for non-medicaid medical programs which sets the limit of net annual income for families of various sizes and by consider…

SECTION .0300 - SCOPE AND NATURE OF SERVICES 10A NCAC 89C .0301 SCOPE; EVALUATION OF REHABILITATION POTENTIAL (a) Pursuant to 34 C.F.R. 361.42(b), the Rules in this Section set forth the scope and nature of services provided by the Division that are required under 34 C.F.R. 361.4…

10A NCAC 89C .0302 COUNSELING, GUIDANCE, AND REFERRAL The rehabilitation counselor shall help the client develop a realistic individualized written rehabilitation program leading to the objective of employment. The counselor shall provide counseling to clients having adjustment p…

10A NCAC 89C .0303 PHYSICAL AND MENTAL RESTORATION SERVICES Physical and mental restoration services may be provided only to those clients determined eligible for a program of rehabilitation services or for extended evaluation. Restoration services shall be provided to these indi…

10A ncac 89c .0304 VOCATIONAL AND OTHER TRAINING (a) Vocational and other training may be provided only to those clients determined eligible for rehabilitation services or for extended evaluation. These services shall be provided only to extent necessary to achieve the job choice…

10A NCAC 89C .0305 MAINTENANCE (a) Maintenance services may be provided at any time during the rehabilitation process including initial evaluation and extended evaluation. These services are supplementary to other rehabilitation services and shall be provided only to enable clien…

10A NCAC 89C .0306 TRANSPORTATION (a) Transportation services may be provided at any time during the rehabilitation process including initial evaluation and extended evaluation. These services are supplementary to other rehabilitation services and shall be provided only to enable…

10A NCAC 89C .0307 SERVICES TO MEMBERS OF CLIENT'S FAMILY The Division may provide services to members of a client's family if the client is eligible for services or for extended evaluation and the services to be provided to the family members will aid the client's rehabilitation…

10A NCAC 89C .0308 INTERPRETER SERVICES FOR THE DEAF (a) Interpreter services for the deaf may be provided at any time during the rehabilitation process including initial evaluation and extended evaluation. These services shall be provided when a client with communication problem…

10A NCAC 89C .0309 READER SERVICES AND MOBILITY SERVICES FOR THE BLIND Reader services and mobility services for the blind are generally provided under a separate state plan for vocational rehabilitation by the Division of Services for the Blind. The Division of Vocational Rehabi…

10A NCAC 89C .0310 TELECOMMUNICATION, SENSORY, AND OTHER TECHNOLOGICAL AIDS Telecommunication, sensory, and other technological aids and devices may be provided to clients who are eligible for services or for extended evaluation. These services are available to aid the client in …

10A NCAC 89C .0311 RECRUITMENT AND TRAINING SERVICES Recruitment and training services may be provided to clients who are eligible for rehabilitation services or for extended evaluation. On-the-job training or college training may be provided in the fields of rehabilitation, heal…

10A NCAC 89C .0312 PLACEMENT Placement services may be provided to clients who have been determined eligible for vocational rehabilitation services. Services shall be provided either directly by the Division or through other public employment services. History Note: Authority G.S…

10A NCAC 89C .0313 POST-EMPLOYMENT SERVICES Post-employment services may be provided to clients who have been determined eligible for a program of rehabilitation services and have been successfully rehabilitated into employment. Post-employment services shall be available when ne…

10A ncac 89c .0314 OCCUPATIONAL LICENSES, TOOLS, EQUIPMENT, AND SUPPLIES (a) Assistance in obtaining occupational licenses, tools, equipment, initial stocks and supplies may be provided to clients determined eligible for rehabilitation services. Occupational licenses, permits, or…

10A NCAC 89C .0315 REHABILITATION ENGINEERING SERVICES Rehabilitation engineering technology services shall be provided to applicants and clients to the extent necessary to assist them in accessing vocational rehabilitation services and in accomplishing their vocational rehabilit…

10A NCAC 89C .0316 OTHER GOODS AND SERVICES (a) Modification of a client's residence or vehicle is limited as follows: (1) A limit of twelve thousand dollars ($12,000) shall be placed on modification projects when the residence is owned by the client or the client's immediate fam…

SECTION .0400 - METHODS TO ASSURE NONDISCRIMINATION 10A NCAC 89C .0401 COMPLIANCE WITH FEDERAL REQUIREMENTS (a) The Division shall administer its program of services in compliance with the provisions of federal statutes and regulations regarding nondiscrimination as outlined in 3…

10A NCAC 89C .0402 VENDOR COMPLIANCE (a) The Division shall use only those training vendors, treatment vendors, community rehabilitation program vendors, and room and board vendors who have been approved by the Division and determined to be in compliance with Title VI of the Civi…

10A NCAC 89C .0403 RESOLVING AREAS OF NON-COMPLIANCE (a) If Division staff determines that an approved vendor is not in compliance with Title VI of the Civil Rights Act of 1964, the Division shall inform the vendor of the area of non-compliance. The vendor shall agree to a plan t…

10A NCAC 89C .0404 COMPLAINTS (a) The interviewing rehabilitation counselor or other designated staff member shall inform applicants and clients that services, financial aid, and other benefits of the program are provided on a non-discriminatory basis, as required by the Civil Ri…

SECTION .0500 - SUPPORTED EMPLOYMENT SERVICES 10A NCAC 89C .0501 COMPLIANCE WITH FEDERAL REQUIREMENTS (a) The Division shall administer its Supported Employment Program in compliance with the provisions of federal regulations 34 C.F.R. Part 363 which are incorporated by reference…

10A NCAC 89C .0502 ELIGIBILITY AND MOST Significant DISABILITY The Supported Employment Program shall serve only those individuals with the most significant disabilities as defined in 10A NCAC 89A.0102. History Note: Authority G.S. 143-545; 143-546; 34 C.F.R. 363.3; Eff. October …

SECTION .0600 - ORDER OF SELECTION FOR SERVICES 10A NCAC 89C .0601 APPLICABILITY OF POLICY The rules in this Section specify the order of selection for services that shall be followed by the Division in its general program when it does not have the financial or staff resources to…

10A NCAC 89C .0602 IMPLEMENTATION OF ORDER OF SELECTION (a) The Division Director shall make a determination of the necessity for implementing the order of selection specified in these Rules. (b) When the Division Director determines that the order of selection shall be implement…

10A NCAC 89C .0603 PRIORITY CATEGORIES (a) The Division shall determine each individual's priority category at the time the individual is determined eligible for services. The eligible individual shall be placed in the highest category (beginning with Category One) for which he/s…

10A NCAC 89C .0604 PROCEDURES (a) The Division Director upon determining that the Division does not have sufficient resources to provide services to all eligible individuals shall implement an Order of Selection. (b) The Division Director shall set the date for statewide implemen…

10A NCAC 89C .0605 POST EMPLOYMENT SERVICES When a former client requires post-employment services and is otherwise eligible for such services, the services shall be provided without regard for the order of selection. History Note: Authority G.S. 143-545A; 143-546A; P.L. 102-569,…

10A NCAC 89C .0606 CASE FINDING AND INFORMATION AND REFERRAL PROGRAMS (a) Case finding efforts shall not be modified because of an order of selection. The Division has a continuing responsibility to make the public and referral sources aware of the services it has to offer eligib…

10A NCAC 89C .0607 THIRD-PARTY FUNDING ARRANGEMENTS The Division shall ensure that its funding arrangements for providing services, including third-party arrangements and establishment grants, are consistent with the order of selection. History Note: Authority G.S. 143-545A; 143-…

SUBCHAPTER 89D - STANDARDS FOR FACILITIES AND PROVIDERS SECTION .0100 - GENERAL POLICIES 10A NCAC 89D .0101 GENERAL POLICIES The Division shall use, whenever feasible, facilities and providers of services who are accredited by a public authority or professional organizations that…

SECTION .0200 - STANDARDS FOR FACILITIES 10A NCAC 89D .0201 TYPES OF FACILITIES AND GENERAL REQUIREMENTS (a) It is the policy of the Division of Vocational Rehabilitation Services to use whenever feasible facilities that are accredited by the appropriate public authority or profe…

10A NCAC 89D .0202 HOSPITAL STANDARDS (a) Hospitals shall currently be certified to participate in the medicare and medicaid programs by the Department of Health and Human Services, Division of Health Service Regulation, or shall hold an accreditation from the Joint Commission on…

10A NCAC 89D .0203 CONVALESCENT AND NURSING HOME STANDARDS The Division of Vocational Rehabilitation Services utilizes convalescent and nursing homes that are licensed or certified by the Department of Health and Human Services, Division of Health Service Regulation. History Note…

10A NCAC 89D .0204 COMMUNITY REHABILITATION PROGRAM STANDARDS (a) The following definitions apply to the terms as used in this Rule: (1) "Community rehabilitation program" means a program that provides directly or facilitates the provision of one or more of the following vocation…

10A NCAC 89D .0205 SPEECH AND HEARING CENTERS STANDARDS The Division of Vocational Rehabilitation Services utilizes speech and hearing centers that in addition to meeting minimum standards for equipment, have staff which have been licensed by the State Board of Examiners for Spee…

10A NCAC 89D .0206 STANDARDS FOR POSTSECONDARY TRAINING FACILITIES (a) Except for the facilities indicated in Paragraph (b) of this Rule, the Division shall utilize only those in-State postsecondary training facilities that are licensed by, or have their program approved by, one …

SECTION .0300 - STANDARDS FOR PROVIDERS OF SERVICES 10A NCAC 89D .0301 GENERAL POLICIES The Division of Vocational Rehabilitation Services maintains standards for the selection of professional and other personnel utilized in providing rehabilitation services to clients. The aim o…

10A NCAC 89D .0302 MEDICAL SERVICES' PERSONNEL STANDARDS (a) The Division of Vocational Rehabilitation Services maintains a policy in the provision of specialty medical services of using a medical specialist who holds certificates from the American College of Surgeons or the Amer…

10A NCAC 89D .0303 SPEECH THERAPISTS AND AUDIOLOGISTS STANDARDS The Division of Vocational Rehabilitation Services utilizes individuals which have been licensed by the State Board of Examiners for Speech and Language Pathology and Audiology. History Note: Authority G.S. 143-546; …

10A NCAC 89D .0304 PSYCHOLOGISTS STANDARDS The Division of Vocational Rehabilitation Services utilizes the standards of the licensing authority under the North Carolina Board of Examiners in Professional Psychology, and applies the exemptions under the state statute creating this…

10A NCAC 89D .0305 ON-THE-JOB TRAINING PERSONNEL STANDARDS The Division of Vocational Rehabilitation Services in its selection of facilities for on-the-job training will use standards based upon the ability of the facility to provide an instructor who has trade competency and exp…

10A NCAC 89D .0306 HEARING AID DEALERS STANDARDS The Division of Vocational Rehabilitation Services utilizes hearing aid vendors which have been licensed by the State Board of Hearing Aid Dealers and Fitters. History Note: Authority G.S. 143-546; 34 C.F.R. 361.45; Eff. February 1…

10A NCAC 89D .0307 PROSTHETISTS AND ORTHOTISTS The Division of Vocational Rehabilitation Services requires that all vendors of prosthetic and orthotic appliance be certified by the American Board for Certification in Orthotics and Prosthetics. Additionally, the vendor must have a…

CHAPTER 97 - ECONOMIC OPPORTUNITY This Chapter 97 of Title 10A of the North Carolina Administrative Code 10A NCAC 97); OFFICE OF ECONOMIC OPPORTUNITY; was transferred and recodified from Chapter 16 of Title 15A of the North Carolina Administrative Code 15A NCAC 16), effective Nov…

10A NCAC 97A .0102 HOW TO CONTACT THE Office History Note: Authority G.S. 143B-10(b); Eff. March 2, 1979; Amended Eff. December 1, 1983; Pursuant to G.S. 150B-21.3A, rule Expired May 1, 2015.

SUBCHAPTER 97B - GENERAL ADMINISTRATIVE POLICIES SECTION .0100 - GENERAL PROVISIONS 10A NCAC 97B .0101 DEFINITIONS For the purpose of this and subsequent Subchapters, the following definitions apply: (1) Grant Agreement. The agreement between the Department and a grant recipient,…

10A NCAC 97B .0102 WAIVERS The Secretary of the Department may waive any requirement of this Chapter not required by federal and state laws and rules whenever he determines that undue hardship to grant recipients or program participants will result from applying the requirement a…

10A NCAC 97B .0103 APPLICABILITY OF RULES All grant recipients administering any programs operated by the Office are subject to the provisions of this Subchapter, unless specifically exempted in this Subchapter or subsequent Subchapters. History Note: Authority G.S. 143-323(d); 1…