This chapter implements the Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq., 34 CFR 361 and 363, and Education Article, §§21-301—21-304, Annotated Code of Maryland, which establish a program of vocational rehabilitation services to assist transitioning students, consistent with Regulation .04A of this chapter, and adults with disabilities to become employed. Regulations .10—.13 and .15—.17 of this chapter are State-imposed requirements. This chapter implements a Statewide comprehensive, coordinated, effective, efficient, and accountable program of vocational rehabilitation, which is: An integral part of the Statewide workforce investment system; and Designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that the individuals may prepare for and engage in gainful employment. In this chapter, the following words have the meanings indicated. Terms Defined. “Applicant” means an individual who: Has requested vocational rehabilitation services provided by the Division; Has completed and signed the Division's application form or provided equivalent information; Has provided information necessary to initiate an assessment to determine eligibility and priority for services; and Is available to complete the assessment process. “Client” means an applicant for or recipient of vocational rehabilitation services provided by the Division. “Client Assistance Program” means a program administered by the Division to provide assistance to applicants and eligible individuals including: Advising and informing applicants and eligible individuals of all services and benefits available to them through programs authorized under the Rehabilitation Act of 1973, as amended; Informing individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of the services and benefits available to them under the Act and under Title I of the Americans with Disabilities Act of 1990, and their rights and responsibilities in connection with those benefits; Assisting and advocating for applicants and eligible individuals in their relationships with projects, programs, and community rehabilitation programs providing rehabilitation services under the Act; and Helping applicants and eligible individuals by pursuing, or assisting them in pursuing legal, administrative, and other available remedies when necessary to ensure the protection of their rights under the Act. “Community rehabilitation program” means a program that: Provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities; and Is approved or certified by the Division. “Competitive employment” means work in the competitive labor market: That is performed on a full-time or part-time basis in an integrated setting; and For which an individual is compensated at or above the minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled. “Customary charge” means the usual charge to the general public for goods and services. “Director” means the Assistant State Superintendent in Rehabilitation Services. “Division” means the Division of Rehabilitation Services, the State agency designated to administer the vocational rehabilitation program. “Eligible individual” means an individual who meets the criteria in Regulation .05 of this chapter. “Employment goal” means the occupation or profession, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, which is expected to be achieved as a result of the provision of vocational rehabilitation services. “Employment outcome” means entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, supported employment, or any other type of employment that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including: self-employment, telecommuting, or business ownership. “Extended services” means the ongoing support services and other appropriate services needed to support and maintain an individual with the most significant disability in supported employment after time-limited services have been provided by the Division. “Extreme medical risk” means a probability of substantially increasing functional impairment or risk of death if medical services, including mental health services, are not provided expeditiously. “Family member” or “member of the family” means a relative or guardian of an individual with disabilities or another individual living in the same household who has a substantial interest in the well-being of the individual and whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome. “Individual's representative” means any person chosen by the applicant or eligible individual, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative. “Individual with a most significant disability” means an individual: Who meets the definition of individual with a significant disability; and Whose disability seriously limits three or more functional capabilities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome. “Individual with a significant disability” means an individual: Who has a severe physical or mental impairment that seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment of rehabilitation needs to cause comparable substantial functional limitation. “Institution of higher education” means a university, college, community/junior college, vocational school, technical institute, or hospital school of nursing. “Integrated work setting” means, with respect to: The provision of services, a setting typically found in the community where applicants or eligible individuals interact with nondisabled individuals other than nondisabled individuals who are providing services to them; and An employment outcome, a setting typically found in the community where applicants or eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to them, to the same extent that nondisabled individuals in comparable positions interact with other persons. Ongoing Support Services. “Ongoing support services” means services that are needed to support and maintain an individual with a most significant disability in supported employment as specified in the individualized plan for employment. “Ongoing support services” includes, at a minimum: Twice monthly contact with the individual at the work site to assess job stability, unless it is determined that off-site monitoring is more appropriate; If monitoring is off-site, at least two meetings monthly with the individual. “Ongoing support services” occur throughout the term of employment during both the time limited phase and the extended services phase. Personal Assistance Services. “Personal assistance services” means a range of services: Provided by one or more persons; Designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability; Designed to increase the individual's control in life and ability to perform everyday activities on or off the job; and Necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. “Personal assistance services” may include training in managing, supervising, and directing personal assistance services. “Physical or mental impairment” means an injury, disease, or other condition that materially limits, or, if not treated, is expected to materially limit, mental or physical functioning. “Preauthorized” means an approval required from the Division before services or goods can be purchased. “Prescription” means a written order for medicine, medical supplies, or equipment, signed by a physician, dentist, podiatrist, or other authorized professional. “Provider” means an individual, organization, institution, corporation, or other group from which the Division may purchase goods or services for an applicant or eligible individual. “Purchase order” means a Division document authorizing a purchase from a provider. “Purchasing card” means the authorized use of a State of Maryland corporate credit card to make a purchase from an approved provider by an authorized user. Rehabilitation Technology. “Rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. “Rehabilitation technology” includes: Rehabilitation engineering; Assistive technology devices; and Assistive technology services. “Substantial impediment to employment” means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities. “Supported employment” means: Competitive work in integrated work settings, or employment in integrated work settings where individuals are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, for individuals with the most significant disabilities: For whom competitive employment has not traditionally occurred, or for whom competitive employment has been interrupted or intermittent as a result of a significant disability, and Who, because of the nature and severity of their disabilities, need intensive supported employment services from the designated State unit and extended services after transition in order to perform this work; or Transitional employment for individuals with the most significant disabilities due to mental illness. “Supported employment services” means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment, that are: Based on an assessment by the Division of the individual's needs as specified in an individualized plan for employment; Provided singly or in combination and are organized and made available in such a way as to assist an individual to achieve employment; and Provided by the Division for a period not to exceed 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized plan for employment, before transition is made to extended services provided under a cooperative agreement with other appropriate State agencies and private, nonprofit organizations. “Transition services” means a coordinated set of activities for a student that: Is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; Is based upon the individual student's needs, taking into account the student's preferences and interests; and Includes instruction, community experiences, the development of employment, and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. “Transitional employment”, as used in the definition of “supported employment”, means a series of temporary job placements in competitive employment with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved. “Vocational rehabilitation services”, when provided to an individual with disabilities, means those services listed under Regulation .08 of this chapter. In this chapter, the following documents are incorporated by reference. Documents Incorporated. Division of Rehabilitation Services Fee Schedule, Rehabilitation Services Manual V (RSM V) (Maryland State Department of Education, updated through August 2014). Medicare Fees (109 percent of the Baltimore metropolitan area rates), established by the Center for Medicare and Medicaid Services, updated annually. An individual may apply for vocational rehabilitation services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school. The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for vocational rehabilitation services under Regulation .05 of this chapter. The Division shall schedule an interview with the individual upon initial contact or referral to: Explain the vocational rehabilitation process, the individual's rights, including the right to an appeal hearing, the right to pursue mediation, and the availability of the resources within the Client Assistance Program; and Assist the individual to apply for vocational and other rehabilitation services. The Division shall conduct an assessment for determining eligibility and vocational rehabilitation needs, as appropriate in each case, including: An assessment for determining eligibility and priority for services, to determine whether the client meets the eligibility criteria under Regulation .05 or .06 of this chapter and can be served under the order of selection according to Regulation .13 of this chapter, including: A review and assessment of existing data; and To the extent existing data do not describe the current functioning of the individual or are unavailable, insufficient, or inappropriate to make an eligibility determination, an assessment of additional data resulting from the provision of vocational rehabilitation services, including assistive technology devices and services and worksite assessments, that are necessary to determine whether an individual is eligible; A comprehensive assessment of the eligible individual, to the extent additional data is necessary to make a determination of the employment outcome, and the objectives, nature, and scope of vocational rehabilitation services to be included in the individualized plan for employment of an individual who meets the eligibility criteria under Regulation .05 or .06 of this chapter and meets order of selection criteria under Regulation .13 of this chapter, and the assessment shall: Consist of a comprehensive assessment of pertinent medical, psychological, vocational, educational, recreational, and other factors relating to the individual's impediment to employment and rehabilitation needs; Include an assessment of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment services of an eligible individual, in the most integrated setting possible, consistent with the informed choice of the individual; Include to the degree needed, an appraisal of the individual's: Career interests, Personality, Intelligence and related functional capacities, Educational achievement, Work experience, Personal, vocational, and social adjustment, Interpersonal skills, Vocational aptitude, Employment opportunities, and Other pertinent data helpful in determining the nature and scope of services needed; Include, as appropriate for each individual, an appraisal of the individual's patterns of work behavior, services needed to acquire occupational skill and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, and the need for rehabilitation technology services; Other goods or services including rehabilitation technology services necessary to determine eligibility, priority for services, and rehabilitation needs; Referral to other agencies or organizations when appropriate; The provision of vocational rehabilitation services during trial work experiences, or an extended evaluation, or both, consistent with Regulation .06 of this chapter for the purpose of determining whether the individual can benefit from vocational rehabilitation services due to the severity of the individual's disability. The eligibility requirements shall be applied by the Division without regard to sex, race, creed, color, age, national origin, residence, physical or mental disability, or political affiliation. An applicant's eligibility for vocational rehabilitation services shall be based upon: The presence of a physical or mental impairment which for the applicant constitutes or results in a substantial impediment to employment; A presumption that the applicant can benefit in terms of an employment outcome from the provision of rehabilitation services, unless the Division demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefitting in terms of an employment outcome from vocational rehabilitation services; and A determination that the applicant requires vocational rehabilitation services to prepare for, enter into, engage in, or retain gainful employment consistent with the applicant's strengths, resources, priorities, concerns, abilities, capabilities, and informed choice. An individual who has a disability or is blind as determined pursuant to Title II or Title XVI of the Social Security Act is presumed to be eligible for vocational rehabilitation services: If the individual completes an application for rehabilitation services indicating an intention to achieve an employment outcome; and Unless the Division can demonstrate by clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability. An individual who is eligible for Maryland Mental Hygiene Administration funded or Maryland Developmental Disabilities Administration funded supported employment is presumed to be eligible for vocational rehabilitation services and to have a most significant disability in accordance with Regulation .13 of this chapter: If the individual completes an application for rehabilitation services indicating an intention to achieve an employment outcome; and Unless the Division can demonstrate by clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability. An applicant is eligible for supported employment services if the applicant: Is an individual with a most significant disability; and Has been determined by a comprehensive assessment of rehabilitation needs, as set forth in Regulation .04D of this chapter, to need ongoing support services in order to perform work activity. The Division shall certify in writing the reasons for finding an applicant eligible or ineligible for vocational rehabilitation services and shall have medical and other pertinent documentation supporting the certification. Certification that an individual is ineligible for vocational rehabilitation services shall be based upon clear evidence and made in accordance with the procedures in Regulation .14A and B of this chapter. The certification of eligibility or ineligibility shall be dated and signed by the vocational rehabilitation counselor. The rehabilitation counselor shall determine eligibility or ineligibility not later than 60 days after the date of application unless: The applicant has been notified that exceptional and unforeseen circumstances beyond the control of the counselor preclude the counselor from completing the determination within 60 days, the applicant agrees to a specific extension of time, and this agreement is documented in writing; or Trial work experiences or extended evaluation is necessary in accordance with Regulation .06 of this chapter. The Division shall: Provide vocational rehabilitation services under trial work experiences or under an extended evaluation, if the individual cannot participate in trial work, to determine vocational rehabilitation potential, if: The applicant meets the criterion under Regulation .05B(1) of this chapter; and A determination cannot be made under Regulation .05B(2) of this chapter because of the severity of the disability unless the applicant participates in trial work experiences or extended evaluation, or both; Certify in writing the reasons for providing vocational rehabilitation services under this regulation; Develop a written trial work plan or extended evaluation plan for each individual who is provided vocational rehabilitation services under this regulation; Provide vocational rehabilitation services under this regulation for a total period not longer than 18 months; and Provide trial work experiences, or extended evaluation if the individual cannot participate in trial work, before a determination that an individual does not meet eligibility criteria because the individual cannot benefit in terms of an employment outcome due to the severity of the disability. The trial work plan or extended evaluation plan shall be dated and signed by the vocational rehabilitation counselor. The Division shall assess the individual's progress as frequently as necessary but at least once every 90 days to determine whether the individual meets the criterion under Regulation .05B(2) of this chapter. An individualized plan for employment shall be initiated and periodically updated by each eligible individual. Division staff shall advise each eligible individual who can be served under the order of selection of the options for development of the individualized plan for employment, including the availability of technical assistance from the vocational rehabilitation counselor. The individualized plan for employment shall be developed by the eligible individual or, as appropriate, the individual and the individual's representative, with assistance from the vocational rehabilitation counselor as requested by the eligible individual. Vocational rehabilitation services shall be provided in accordance with the written plan if approved by the Division. The individualized plan for employment shall be based on results of assessments under Regulation .04D of this chapter to achieve the employment goal of the eligible individual. The individualized plan for employment shall include, as appropriate: The employment goal of the eligible individual based on the individual's unique strengths, abilities, capabilities, interests, and informed choice, and results of assessments under Regulation .04D of this chapter; The month/year that employment is expected to begin; The specific vocational rehabilitation services to be provided to achieve the established employment goal including: When the service/activity will begin; Where it will take place; How it will help the individual become employed; How it will be determined successful; Cost; and Who will pay; A statement regarding post-employment services; The terms and conditions for the provision of vocational rehabilitation services including the: Responsibilities of the Division in implementing the individualized plan for employment; Responsibilities of the eligible individual in implementing the individualized plan for employment; Extent of the eligible individual's participation in the cost of services, if any; and Extent to which comparable services and benefits: Are available to the eligible individual under any other program, and Will be used; The comments of the eligible individual or, as appropriate, the eligible individual and the individual's representative, concerning the individualized plan for employment; and A description of the availability of the resources within the Client Assistance Program and a statement of the individual's rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the right to: Pursue mediation; and An appeal hearing under COMAR 13A.11.07; Each individualized plan for employment shall contain, for individuals with the most significant disabilities for whom a vocational goal of supported employment has been determined to be appropriate, a description of the: Extended services needed by the individual; and The source of extended services, or, to the extent that the source of the extended services cannot be identified at the time of the development of the individualized plan for employment, a description of the basis for concluding that there is a reasonable expectation that a source will become available. The individualized plan for employment shall be reviewed as often as necessary but at least on an annual basis. The eligible individual or, as appropriate, the individual's representative, shall be given an opportunity to review the plan and, if necessary, redevelop and agree to its terms. The eligible individual or, as appropriate, the eligible individual and the individual's representative, shall sign the individualized plan for employment and any amendments indicating that the individual agrees to its terms. The Division counselor and supervisor, unless the counselor has delegated authority, shall review the individualized plan for employment and shall sign it if it is approved. Individualized plans for employment shall be completed within the timeframe established by the Division. The individualized plan for employment for students in secondary education who have been determined eligible for vocational rehabilitation services in accordance with Regulation .05 of this chapter and can be served under the order of selection in accordance with Regulation .13 of this chapter shall be: Coordinated with the student's individualized education plan, if applicable; and Completed before the student's exit from school. The Division shall provide a copy of the individualized plan for employment and any amendments to the eligible individual or, as appropriate, the eligible individual and the individual's representative and shall advise the eligible individual or, as appropriate, the individual's representative, of the procedures and requirements affecting the development and review of the individualized plan for employment. Vocational rehabilitation services are any goods or services necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, including: An assessment for determining eligibility, priority for services, and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice; Referral and other services to secure needed services from other agencies through cooperative agreements; To the extent that financial support is not readily available from another source, diagnosis and treatment of physical and mental impairments, including: Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to employment, but is of a nature that the correction or modification may reasonably be expected to eliminate or reduce the impediment to employment within a reasonable length of time; Necessary hospitalization in connection with surgery or treatment; Prosthetic and orthotic devices; Eyeglasses and visual services as prescribed by qualified personnel who meet state licensure laws and who are selected by the individual; Special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals with end-state renal disease; and Diagnosis and treatment for mental and emotional disorders by qualified personnel who meet state licensure laws; Vocational and other training services, including personal and vocational adjustment, education at an institution of higher education, books and supplies, tools, and other training materials or education-related services except that training services provided at an institution of higher education may not be paid for unless maximum efforts have been made by the Division and the eligible individual to secure grant assistance, in whole or in part, from other sources to pay for the training; Maintenance for additional costs incurred while participating in rehabilitation services which covers an applicant or eligible individual's living expenses, such as food, shelter, clothes, and other subsistence expenses which are necessary to support and derive the full benefit of the other vocational rehabilitation services being provided; Interpreter services for applicants or eligible individuals who are deaf or hard of hearing, including tactile interpreting for individuals who are deaf-blind; Reader services, rehabilitation teaching services, and orientation and mobility services for applicants or eligible individuals who are blind or visually impaired; Occupational licenses, tools, equipment, and initial stocks and supplies; Transportation, including adequate training in the use of public transportation vehicles and systems, that is provided in connection with the provision of any other service and needed by the individual to achieve an employment outcome; Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices; Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent the resources are authorized to be provided through the Statewide workforce investment system to eligible individuals who are pursuing self-employment or telecommuting, or establishing a small business; Services to members of an applicant's or eligible individual's family when necessary to assist the individual to achieve an employment outcome; Job-related services including job search and placement assistance, job retention services, follow-up services, and follow-along services; Specific post-employment services necessary to assist individuals with disabilities to maintain, regain, or advance in employment; Supported employment services, as defined in Regulation .03 of this chapter; On-the-job or other related personal assistance services provided while an applicant or eligible individual is receiving rehabilitation services; Transition services for students with disabilities that facilitate the achievement of the employment outcome identified in the individualized plan for employment; Other goods and services determined necessary for the individual with a disability to achieve an employment outcome. Before the Division provides any vocational rehabilitation services, except those services listed in §B of this regulation, to an applicant or eligible individual or to members of that individual's family, the Division shall determine whether comparable services and benefits are available under any other program. This regulation does not apply to the following services: Assessment of eligibility and priority for services and assessment of vocational rehabilitation needs; Counseling, guidance, and referral; Placement services; Rehabilitation technology services; and Post-employment services as listed under §B(1)—(4) of this regulation. This regulation does not apply if the determination of the availability of comparable services and benefits would interrupt or delay: The provision of vocational rehabilitation services to any applicant or eligible individual at extreme medical risk based on medical evidence provided by an appropriate licensed medical professional; The progress of the eligible individual toward achieving the employment outcome identified in the individualized plan for employment of the individual in accordance with Regulation .07 of this chapter; or An immediate job placement. If comparable services and benefits are available, they shall be used to meet, in whole or in part, the cost of vocational rehabilitation services. The following persons shall participate annually in the cost of vocational rehabilitation services in accordance with this regulation, except for the services listed in §B of this regulation: The applicant or eligible individual; and Any other person who: Claims the applicant or eligible individual as a dependent for federal tax purposes; or Is required to provide financial information on the eligible individual's free application for federal student aid, in accordance with the Higher Education Act of 1965, as amended. This regulation does not apply to the following: Assessment and related services to determine eligibility, priority for services, and vocational rehabilitation needs; Counseling, guidance, and referral services; Services provided by teachers for the blind employed by the Division; Supported employment services under Regulation .08P of this chapter; Personal assistance services; Placement services, including job coaching and on-job training; and Auxiliary aids or services, for example, interpreter services or reader services, that an individual requires in order to participate in the Vocational Rehabilitation Program. Amount of Financial Participation of the Applicant or Eligible Individual or Family. The amount of the applicant's or eligible individual's annual financial participation in the cost of rehabilitation services shall be based upon available income and family unit size (number of dependents claimed for federal tax purposes) and determined in accordance with the schedule in Regulation .15 of this chapter. The amount of the applicant's or eligible individual's annual financial participation in rehabilitation services may not exceed the cost of services provided to the individual by the Division. Available income shall be calculated by: Adding annual adjusted gross income as reported on the most recent federal tax return and current annual nontaxable income including Social Security, workers' compensation, and veteran benefits; Subtracting any deductible medical and dental expenses as reported on the Internal Revenue Service Form 1040, Schedule A, of the most recent federal tax return; and Subtracting any substantiated disability-related expenses not included in §D(2) of this regulation. When the current income of the applicant or eligible individual or the person who claims the individual for federal income tax purposes is substantially different from that reported on the most recent federal tax return, the available income shall be determined using current financial information. The applicant or eligible individual and any person required to participate in cost of services in accordance with Regulation .10 of this chapter shall: Complete a financial statement on a form prescribed by the Division; and Promptly notify the Division of any changes in financial status as a condition for the provision of vocational rehabilitation services. An eligible individual receiving Social Security Disability Insurance, or Supplemental Security Income or other form of public assistance income is not required to participate financially in the cost of vocational rehabilitation services. The Division shall review the eligible individual's financial status annually. If the eligible individual pursues a claim against another party arising out of an accident or injury and recovers the costs of vocational rehabilitation services provided to the individual by the Division, the individual shall agree to repay the Division the cost of those services. An eligible individual who requests financial assistance for training and related services in institutions of higher education shall submit an annual financial aid application to the U.S. Department of Education, Student Financial Assistance Programs, and provide the rehabilitation counselor a copy of the resulting Student Aid Report, as a condition for the provision of those services. An exception to this requirement will be considered in the following circumstances: The individual is seeking admittance to an institution not participating in the federal student financial aid process; or The individual is enrolling for non-degree courses, that is, selected courses that are not part of a degree program. Division financial assistance for post-secondary education for individuals ineligible for federal financial aid because of previous loan default or history of drug conviction requires the approval of the Director or designee. Division's Financial Assistance. The amount of financial assistance to be provided to the eligible individual by the Division shall be equal to: The individual's educational expenses, determined in accordance with §E of this regulation; Minus the amount of grants and scholarships not including scholarships based on merit, awarded to the individual to attend the institution of higher education; Minus the individual/family financial participation in accordance with Regulation .10 of this chapter. Educational Expenses. The Division shall determine the eligible individual's educational expenses based on the cost of: Training services, including tuition, mandatory fees, books, and supplies; Training-related expenses that are necessitated by attending an institution of higher education, such as the cost of commuting to and from the institution, but only to the extent that these costs exceed the individual's normal living expenses; Room and board, only if: The individual resides 45 miles or more from the institution of higher education and a comparable educational program is not available within 45 miles or disability issues require residence at the institution; The individual does not receive comparable benefits according to Regulation .09 of this chapter for living expenses; and The Director or designee approves; and Other related expenses with the approval of the Director or designee. The cost of tuition and fees for the first 60 credits of a post-secondary program or in pursuit of a certificate or associate's degree may not exceed the rate of Montgomery (Community) College unless: Disability issues or cost efficiency requires participation in a 4-year institution of post-secondary education for the first 60 credits; and The Director or designee approves. The cost of tuition, fees, room, and board beyond 60 credits in pursuit of a bachelor's degree or unless an exception has been granted in accordance with §D(2)(a) of this regulation, may not exceed the in-State rates established for the University of Maryland at College Park. Exceptions may be based on disability factors and cost efficiency and require approval of the Director. Additional costs related to the individual's choice to attend an out-of-State or private institution are the responsibility of the individual and may not be included as educational expenses. Satisfactory Academic Progress. To be eligible for the continuation of the Division's financial assistance at an institution of higher education, an eligible individual shall: Earn credit on a minimum of 75 percent of all credits for which the individual registered each semester or grading period; Maintain a minimum average grade of “C” or its equivalent on all credits completed each semester or grading period; and Maintain eligibility for financial aid in accordance with the institution of higher education's written criteria for satisfactory academic progress toward a degree or certificate. An eligible individual shall meet the requirements set forth in §F(1) of this regulation on a minimum of six credits at an institution of higher education before being reconsidered for financial assistance by the Division if the individual: Was dismissed by an institution of higher education; or Stopped attending an institution of higher education due to the individual's failure to maintain satisfactory academic progress in accordance with the institution of higher education's academic requirements, or financial aid eligibility criteria. The individual may not change the course of studies or major agreed on in the individualized plan for employment without prior approval of the Division. Graduate Education. The Division will provide financial assistance for graduate education: Only when it is determined to be necessary and essential to the achievement of the employment goal on the approved individualized plan for employment; and With the approval of the Director or designee. Vocational rehabilitation services shall be provided based upon the availability of funds. If sufficient funds are not available to provide vocational rehabilitation services to all eligible individuals, the Division shall: Institute an order of selection for services providing services on a priority basis to individuals in Category I, then Category II, then Category III, as follows: Category I: Individuals with most significant disabilities, in accordance with Regulation .03B(16) of this chapter; Category II: Individuals with significant disabilities, in accordance with Regulation .03B(17) of this chapter; and Category III: Individuals with non-severe disabilities, who are eligible for services in accordance with Regulation .05, but do not meet the criteria in Regulation .03B(16) or (17) of this chapter; and Hold the names of eligible individuals who cannot be served on a waiting list; and Provide eligible individuals who cannot be served with information and referral to other federal and State programs which would meet their employment needs. The decision to close a record of services of an applicant or eligible individual shall be made only after full consultation with the individual or, as appropriate, the individual and the individual's representative, or after giving an opportunity for this consultation, except when the individual is no longer present in the State, or cannot be located. The views of the eligible individual or, as appropriate, the individual and the individual's representative shall be recorded in the record of services. Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative written notice of the: Reasons for the decision; Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and Availability and access to the resources within the Client Assistance Program. If a record of services is closed based on a determination that an individual is ineligible for services, referral shall be made to other agencies and programs, including, when appropriate, the independent living services program under COMAR 13A.11.03. If a record of services is closed based on a determination that the individual is incapable of achieving an employment outcome due to the severity of the disability, the Division shall review the decision within 12 months after giving the individual written notice and opportunity to participate in the review, unless the individual refuses the review, is no longer present in the State, cannot be located, or has a medical condition which is rapidly progressive or terminal. The Division shall conduct subsequent reviews at the request of the individual or, if appropriate, the individual's representative. An individual shall be considered rehabilitated if the individual has: Been determined eligible under Regulation .05 of this chapter; Been provided an assessment to determine eligibility and rehabilitation needs and a comprehensive assessment, if required, and counseling and guidance; Been provided appropriate and substantial vocational rehabilitation services, in accordance with the individualized plan for employment, which contributed to the achievement of the employment outcome; Achieved an employment outcome consistent with the individual's strengths, resources, priorities, concerns, abilities, interests, and informed choice which is in an integrated setting; and Maintained the employment outcome for at least 90 days, and agreed with the rehabilitation counselor that the: Employment is satisfactory, and Individual is performing well on the job. After an individual has been determined to be rehabilitated, the Division shall provide post-employment services if necessary to assist an individual to maintain or regain other suitable employment. The Division shall review and reevaluate annually for a minimum of 2 years and subsequently at the request of the individual, or, if appropriate, the individual's representative, the status of each individual placed in extended employment in a community rehabilitation program or in supported employment not earning minimum wage to determine the interests, priorities, and needs of the individual with respect to competitive employment or training for competitive employment. The individual or, if appropriate, the individual's representative shall provide input into the review and sign an acknowledgement that the review and reevaluation have been conducted. If determined appropriate, the individual's record of services will be reopened. Annual Amount of Individual/Family Financial Participation Available Income 1 2 3 4 5 6 7 8 $24,000 and below $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $24,001—$28,000 228 0 0 0 0 0 0 0 $28,001—$32,000 375 263 0 0 0 0 0 0 $32,001—$36,000 553 425 0 0 0 0 0 0 $36,001—$40,000 760 616 333 0 0 0 0 0 $40,001—$44,000 998 840 525 0 0 0 0 0 $44,001—$48,000 1,265 1,093 748 345 0 0 0 0 $48,001—$52,000 1,563 1,375 1,000 625 0 0 0 0 $52,001—$56,000 1,890 1,688 1,283 878 473 0 0 0 $56,001—$60,000 2,248 2,030 1,595 1,160 725 0 0 0 $60,001—$64,000 2,635 2,403 1,938 1,473 1,008 543 0 0 $64,001—$68,000 3,053 2,805 2,310 1,815 1,320 825 0 0 $68,001—$72,000 3,500 3,238 2,713 2,188 1,663 1,138 0 0 $72,001—$76,000 3,978 3,700 3,145 2,590 2,035 1,480 648 0 $76,001—$80,000 4,485 4,193 3,608 3,023 2,438 1,853 975 0 $80,001—$84,000 5,023 4,715 4,100 3,485 2,870 2,255 1,333 718 $84,001—$88,000 5,590 5,268 4,623 3,978 3,333 2,688 1,720 1,075 $87,001+ * 6.5% 6.125% 5.375% 4.625% 3.875% 3.125% 2% 1.25% * To determine amount of individual/family participation when the available income is above $88,000, multiply the individual/family income times the percentage. The Financial Participation Scale is based on 2014 Poverty Guidelines of the U.S. Department of Health and Human Services. Preauthorization of Providers. The Division may pay a provider only if the provider has been preauthorized by the Division. Individual providers who are subject to State licensure or certification shall provide evidence of a current, valid license or certification, except in the area of specialized tutoring services for which a provider may present alternate qualifications as specified by the Division. Institutions of post-secondary education shall provide evidence of current, valid accreditation by an appropriate state or national accrediting organization. Private career schools shall provide evidence of a current, valid certificate of approval by the Maryland Higher Education Commission or, in the case of out-of-State private schools, by that state's equivalent certification entity. Payment Procedures. Payment may be made only for services that have been preauthorized and approved by the Division through a signed purchase order or the use of the Division's purchasing card. For purchases initiated by purchase order, the provider shall submit an invoice for services rendered, along with any required reports, according to procedures established by the Division. The Division may return to the provider, before payment, all invoices not properly signed, completed, and accompanied by required reports. A provider may not charge or accept payment from the individual, the individual's family, or a third party for the authorized services unless, before providing the service, the amount of the individual's responsibility has been: Preauthorized by the Division; and Agreed to by the individual in writing. Rate of Payment. The Division shall pay for authorized services at a rate equal to the lower of: The provider's customary charge; The maximum rate established in the “Division of Rehabilitation Services Fee Schedule”; or 120 percent of the Medicare Program rate established by 42 CFR 414 and 415, for medical or surgical procedures not identified in the Division's fee schedule. Exceptions to Rate of Payment. The Division's payment may exceed the maximum rate established in the “Division of Rehabilitation Services Fee Schedule” only when the Director of Field Services or the Director of the Office for Blindness and Vision Services authorizes the exception: Because the client is at extreme medical risk, as evidenced by documentation submitted by a licensed medical professional; or For reasons related to the disability or services included on an approved Individualized Plan for Employment. Payment Procedures. Preauthorization. Payment may be made only for goods that have been preauthorized and approved by the Division through a signed purchase order or by use of the Division's purchasing card. A provider shall be licensed or certified consistent with Regulation .16A(2) of this chapter. For purchases initiated by purchase order, the provider shall submit the invoice for goods delivered according to procedures established by the Division. The Division may return to the provider, before payment, all invoices not properly signed, completed, and accompanied by required reports. A provider may not charge or accept payment from the applicant or eligible individual, the individual's family, or a third party for the authorized goods unless, before providing the goods, the amount of the individual's responsibility has been: Preauthorized by the Division; and Agreed to by the individual in writing. Rate of Payment. The Division shall pay for authorized goods at a rate equal to the lower of the: Provider's customary charge; Rate established by the Department of General Services Purchasing Bureau; Rate established as the result of competitive bidding conducted by the Division in accordance with COMAR Title 21; or Maximum rate established in the “Division of Rehabilitation Services Fee Schedule”, which is incorporated by reference in Regulation .03-1 of this chapter. Purchase Limitations. Prescription goods may be purchased only after receipt of a current, valid prescription. Generic drugs shall be purchased unless the physician indicates that a particular brand is medically necessary. The Division may not pay for vehicles which require a license to operate, land, buildings, or the construction of or addition to a building. The purchase of goods and services for a self-employment enterprise will be made only after: The eligible individual has submitted a business plan which: Identifies a business enterprise which meets standards established by the Division for types of businesses which can be supported; Meets generally accepted business standards; Identifies multiple funding sources as the Division may not be the primary funder of a business; Has been reviewed by an advisory entity established by the Division; and Has been approved by the Division; and Any required goods and services are: Included on the individualized plan for employment; and Approved by the Division. The Division may establish other reasonable purchase limitations in order to manage agency resources and maximize the number of employment outcomes. Ownership of Goods. The State shall retain legal title to tools, equipment, shelters, and supplies purchased as part of an eligible individual's rehabilitation program, except as provided in §D(3) of this regulation. An eligible individual shall return goods purchased by the Division when they are no longer needed for the individual's rehabilitation program, employment, or independent living. Title may be assigned to the eligible individual for the following: Medical appliances not transferable to or useable by another person; Goods provided as part of an approved business plan to be used as collateral to leverage funds for the business; and Other exceptional circumstances with approval of the Director or designee. Education Article, §§21-301—21-306 and 21-402—21-404, Annotated Code of Maryland Effective date: April 3, 1989 (16:6 Md. R. 729) Regulation .01 amended effective September 2, 1991 (18:17 Md. R. 1919) Regulation .02B amended effective September 2, 1991 (18:17 Md. R. 1919); February 28, 1994 (21:4 Md. R. 277); August 15, 1994 (21:16 Md. R. 1388) Regulation .03C amended effective September 2, 1991 (18:17 Md. R. 1919) Regulation .04 amended effective September 2, 1991 (18:17 Md. R. 1919) Regulation .06C amended effective September 2, 1991 (18:17 Md. R. 1919) Regulation .07 amended effective August 15, 1994 (21:16 Md. R. 1388) Regulation .07P recodified to .07Q and new Regulation .07P adopted effective September 2, 1991 (18:17 Md. R. 1919) Regulation .09 amended effective August 15, 1994 (21:16 Md. R. 1388) Regulation .09B amended effective September 2, 1991 (18:17 Md. R. 1919) Regulation .11 amended effective August 15, 1994 (21:16 Md. R. 1388) Regulation .13B amended effective September 2, 1991 (18:17 Md. R. 1919) Regulation .15 adopted effective February 28, 1994 (21:4 Md. R. 277) Regulation .16 adopted effective February 28, 1994 (21:4 Md. R. 277) Chapter revised effective August 7, 2000 (27:15 Md. R. 1402) Regulation .01 amended effective December 6, 2007 (34:24 Md. R. 2158) Regulation .03 amended effective October 28, 2002 (29:21 Md. R. 1646) Regulation .03-1B amended effective December 9, 2004 (31:24 Md. R. 1728); March 13, 2006 (33:5 Md. R. 522); December 6, 2007 (34:24 Md. R. 2158); November 30, 2009 (36:24 Md. R. 1859); January 21, 2013 (40:1 Md. R. 21); July 20, 2015 (42:14 Md. R. 881) Regulation .04A amended effective March 13, 2006 (33:5 Md. R. 522) Regulation .04D amended effective December 9, 2004 (31:24 Md. R. 1728) Regulation .05 amended effective October 28, 2002 (29:21 Md. R. 1646); December 6, 2007 (34:24 Md. R. 2158) Regulation .05H amended effective December 9, 2004 (31:24 Md. R. 1728) Regulation .06 amended effective December 9, 2004 (31:24 Md. R. 1728) Regulation .07I amended effective December 9, 2004 (31:24 Md. R. 1728) Regulation .10 amended effective October 1, 2001 (28:19 Md. R. 1687); October 28, 2002 (29:21 Md. R. 1646) Regulation .12 amended effective October 1, 2001 (28:19 Md. R. 1687); December 9, 2004 (31:24 Md. R. 1728) Regulation .13B amended effective January 12, 2009 (36:1 Md. R. 23) Regulation .14 amended effective October 28, 2002 (29:21 Md. R. 1646) Regulation .15 amended effective October 1, 2001 (28:19 Md. R. 1687) Regulation .15 repealed and new Regulation .15 adopted effective October 28, 2002 (29:21 Md. R. 1646) Regulation .15 repealed and new Regulation .15 adopted effective December 9, 2004 (31:24 Md. R. 1728) Regulation .15 repealed and new Regulation .15 adopted effective March 13, 2006 (33:5 Md. R. 522) Regulation .15 repealed and new Regulation .15 adopted effective December 6, 2007 (34:24 Md. R. 2158) Regulation .15 amended effective January 12, 2009 (36:1 Md. R. 23) Regulation .15 repealed and new Regulation .15 adopted effective November 30, 2009 (36:24 Md. R. 1859) Regulation .15 amended effective January 21, 2013 (40:1 Md. R. 21); July 20, 2015 (42:14 Md. R. 881) Regulation .16D amended effective December 6, 2007 (34:24 Md. R. 2158) Regulation .17 amended effective October 28, 2002 (29:21 Md. R. 1646) Regulation .17C amended effective March 13, 2006 (33:5 Md. R. 522) These regulations implement Education Article, §21-309, Annotated Code of Maryland, which establishes a tax credit for businesses which employ individuals with disabilities. In this chapter, the following words have the meanings indicated. Terms Defined. “Business entity” means: A person conducting or operating a trade or business in Maryland; or An organization operating in Maryland that is exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code. “Deemed agency” means a public organization with whom the Division and the Maryland Department of Labor, have developed a memorandum of understanding regarding identification of qualified employees with disabilities who may benefit from the tax credit. “Division” means the Division of Rehabilitation Services of the Maryland State Department of Education. “Maryland Department of Labor” means the State agency responsible for administration of the Maryland disability employment tax credit. “Qualified child care or transportation expenses” means: State-regulated child care expenses that are incurred by a business entity to enable a qualified employee with a disability to be gainfully employed; or Transportation expenses that are incurred by a business entity to enable a qualified employee with a disability to travel to and from work. Qualified Employee With a Disability. “Qualified employee with a disability” means an individual who: Meets the definition of an individual with a disability as defined by the Americans with Disabilities Act; Has a disability that presently constitutes an impediment to obtaining or maintaining employment or to transitioning from school to work; Is ready for employment; and Has been determined by the Division or the Maryland Department of Labor, in consultation with the Division, as having met the criteria of a qualified employee with a disability established under this section. “Qualified employee with a disability” does not mean an employee who has been found by the Division as having the particular skills necessary for a particular job. “Qualified employee with a disability” includes an individual who has been certified by the Maryland Department of Labor in consultation with the United States Department of Veterans Affairs, as having been discharged or released from active duty in the armed forces of the United States for a service-connected disability. “Qualified employee with a disability” includes any individual meeting the definition in §B(6)(a) of this regulation, regardless of whether the individual receives services from the Division. “Ready for employment” means a person who is willing to accept an offer of employment. “Wages” means wages that are paid by a business entity to an employee for services performed in a trade or business of the employer, within the meaning of §51(c)(1), (2), and (3) of the Internal Revenue Code with regard to §51(c)(4) of the Internal Revenue Code. Issuance of Vouchers—Potential Eligibility for Tax Credit. Individuals who are served by the Division, the Department of Veterans Affairs, or deemed agencies shall apply to those agencies for a tax credit voucher. The Division, the Department of Veterans Affairs, or the deemed agency shall issue a voucher to individuals meeting the definition of qualified employee with a disability under Regulation .02B of this chapter. Individuals not served by the Division, the Department of Veterans Affairs, or deemed agencies shall apply to a local Division of Rehabilitation Services office and provide supporting documentation that they meet the definition of individual with a disability as defined under Regulation .02B(6) of this chapter. The Division shall issue a voucher to individuals meeting the definition of qualified employee with a disability. The individual may take the voucher on interviews for employment and present it to the potential employer. Applicant Information. The Division, the Department of Veterans Affairs, or the deemed agency shall complete the necessary applicant characteristics form and submit the original copy to the Maryland Department of Labor. Certification by the Maryland Department of Labor. Upon hiring a person presenting a voucher, the employer shall complete the employer's portion of the voucher and return it to the Maryland Department of Labor. The Maryland Department of Labor shall review the applicant information and information provided on the voucher by the employer. If the Maryland Department of Labor approves the application material and information, the Department shall return a certificate of eligibility for the Maryland disability employment tax credit to the employer. The employer shall keep the certificate in its files as justification for including the tax credit on its tax return. Wages. For individuals hired before July 1, 2000, for the first and second years of employment of a qualified employee with a disability, the credit is 20 percent of up to the first $6,000 of wages paid to that employee. For individuals hired on or after July 1, 2000, the credit is 30 percent of up to the first $6,000 of wages paid to the qualified employee with a disability for the first year of employment. For the second year of employment, the credit is 20 percent of up to the first $6,000 of wages paid to the qualified employee with a disability. Child Care or Transportation Expenses. For the first year of employment of a qualified employee with a disability, the credit is up to $600 of the child care or transportation expenses paid for that employee. For the second year of employment of a qualified employee with a disability, the credit is up to $500 of the child care or transportation expenses for that employee. The calculation and carryover of the credit is governed by regulations promulgated by the Comptroller, the Department of Assessments and Taxation, and the Insurance Commissioner. The Maryland disability employment tax credit shall be applicable to all taxable years beginning after December 31, 1996. An employer may claim the credit only for employees hired on or after October 1, 1997. A business entity may not claim the credit for an employee: Who is hired to replace a laid-off employee or to replace an employee who is on strike; or For whom the business entity simultaneously receives federal or State employment training benefits. A business entity may not claim the credit until it has received a certificate in accordance with Regulation .03C of this chapter. A business entity may claim the credit as follows even if an employee's employment lasts less than 1 year: The business entity may claim a tax credit of 20 percent of up to the first $6,000 of wages paid to the employee in the course of employment if the employee voluntarily terminates employment with the employer, if employment began prior to July 1, 2000; If employment began on or after July 1, 2000, the business entity may claim a tax credit of 30 percent of up to the first $6,000 of wages paid to the employee in the course of employment if the employee voluntarily terminates employment with the employer. The business entity may claim a tax credit in proportion to the amount of time worked if the employee works less than a full year because of an inability to continue employment due to a further disability or death, or if the employee is terminated for cause. The same tax credit may not be applied more than once against different taxes by the same taxpayer. Education Article, §21-309, Annotated Code of Maryland Effective date: February 23, 1998 (25:4 Md. R. 244) Regulation .02 amended effective October 1, 2001 (28:19 Md. R. 1687) Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1687) Regulation .03A, C amended effective August 7, 2000 (27:15 Md. R. 1402) Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1687) Regulation .06 amended effective October 1, 2001 (28:19 Md. R. 1687); January 21, 2013 (40:1 Md. R. 21) Regulation .06A, B amended effective August 7, 2000 (27:15 Md. R. 1402); December 6, 2007 (34:24 Md. R. 2158); January 12, 2009 (36:1 Md. R. 23); November 30, 2009 (36:24 Md. R. 1859) This chapter implements the Rehabilitation Act of 1973, as amended, 34 CFR 76, 77, and 365, and Education Article, §§21-301—21-303, Annotated Code of Maryland, which establish a program of rehabilitation services to assist transitioning students, consistent with Regulation .03A of this chapter, and adults with significant disabilities to function independently. In this chapter, the following words have the meanings indicated. Terms Defined. “Applicant” means an individual who has: Requested independent living services provided by the Division; Completed and signed the Division's application form or provided equivalent information; and Provided information necessary to initiate an assessment to determine eligibility. “Client” means an applicant for or recipient of independent living services provided by the Division. “Client Assistance Program” has the meaning stated in COMAR 13A.11.01.03. “Customary charge” has the meaning stated in COMAR 13A.11.01.03. “Division” means the Division of Rehabilitation Services, the State agency designated to administer the Independent Living Program. “Eligible individual” means an individual who meets the criteria in Regulation .04 of this chapter. “Family member” has the meaning stated in COMAR 13A.11.01.03. Independent Living Plan. “Independent living plan” means the Division form identifying the independent living goal, services, and financial contribution of the individual. “Independent living plan” also encompasses other written documentation of the independent living goal, services, and financial contribution of the individual if the individual waives the requirements of an independent living plan. “Independent living services” means those services listed under Regulation .06 of this chapter. “Individual with significant disabilities” means an individual with a severe physical or mental impairment whose ability to function independently in family or community, or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community, or to continue in employment, respectively. “Individual's representative” has the meaning stated in COMAR 13A.11.01.03. “Personal assistance services” means a range of services: Provided by one or more persons; Designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability; and Designed to increase the individual's control in life and ability to perform every day activities on or off the job. “Physical or mental impairment” has the meaning stated in COMAR 13A.11.01.03. “Preauthorized” has the meaning stated in COMAR 13A.11.01.03. “Prescription” has the meaning stated in COMAR 13A.11.01.03. “Provider” has the meaning stated in COMAR 13A.11.01.03. “Purchase order” has the meaning stated in COMAR 13A.11.01.03. “Purchasing card” has the meaning stated in COMAR 13A.11.01.03. “Rehabilitation technology” has the meaning stated in COMAR 13A.11.01.03. “Transportation” means necessary travel in connection with an individual with a significant disability engaging in or maintaining employment or improving the individual's ability to carry out independent living activities within family or community. An individual may apply for independent living services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school. The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for independent living services under Regulation .04 of this chapter. The Division shall schedule an interview with the individual upon initial contact or referral to: Explain the Independent Living Program, the individual's rights, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07, and the availability of the resources within the Client Assistance Program; and Invite the individual to complete an application for services. The Division shall conduct an assessment of independent living potential for each individual with a significant disability who applies for independent living services. The assessment: Is limited to that information necessary to determine whether the individual is eligible to be provided independent living services and to determine which independent living services are needed; Takes into consideration any relevant information available from Division files or from other agencies; Is sufficient in scope to determine which services will best meet the current and future needs of the individual for functioning more independently in family or community or engaging or continuing in employment. The Division shall conduct an assessment specifically for purposes of determining eligibility for independent living services only if already available information is not complete, relevant, or current. The eligibility requirements shall be applied by the Division without regard to sex, race, creed, color, age, national origin, residence, physical or mental disability, or political affiliation. An applicant's eligibility for independent living services shall be based upon: The presence of a significant physical or mental disability; The presence of a substantial limitation in ability to function independently in family or community or to engage or continue in employment; and A presumption that the delivery of independent living services will improve the individual's ability to function independently in family or community or to engage or continue in employment. For purposes of determining an applicant's eligibility for independent living services, improvement in ability to function independently in family or community refers to a demonstration in functional and behavioral terms of an individual's greater independence or maintenance of independence in areas such as: Self-care; Activities of daily living; Access to personal transportation; Using public transportation; Shopping; Housekeeping; Communicating; or Living more independently. The Division shall certify in writing the reasons for finding an individual eligible for independent living services and shall have pertinent documentation supporting the certification. The certification of eligibility shall be dated and signed by the rehabilitation counselor. If the individual has an employment goal and is eligible for vocational rehabilitation services, the individual shall be served through the vocational rehabilitation program (COMAR 13A.11.01). An independent living plan shall be initiated and periodically updated for each eligible individual who is provided independent living services unless the individual waives the requirement of the independent living plan in writing. If the independent living plan is waived, services to be provided shall be documented by the rehabilitation counselor in the record of services. The independent living plan shall be developed jointly by the rehabilitation counselor and the eligible individual or, as appropriate, individual and the individual's representative. Independent living services shall be provided in accordance with the independent living plan. The Division shall provide a copy of the independent living plan and any amendments to the eligible individual or, as appropriate, the individual and the individual's representative and shall advise the eligible individual or, as appropriate, the individual's representative, of the procedures and requirements affecting the development and review of the independent living plan. The independent living plan shall be initiated after the certification of eligibility under Regulation .04 of this chapter. The independent living plan shall include, as appropriate: A determination of whether the eligible individual wishes to waive the requirement of the independent living plan; The independent living goal; The specific independent living services to be provided to achieve the established goal; The provider of and projected date for the initiation of each independent living service; The amount of the eligible individual's participation in the cost of services, if any: The comments of the eligible individual or, as appropriate, the individual and the individual's representative, concerning the independent living plan; and A description of the availability of the resources within the Client Assistance Program and a statement of the eligible individual's rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07. The independent living plan shall be reviewed as often as necessary but at least on an annual basis to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of vocational rehabilitation services under COMAR 13A.11.01 or to any other program of assistance. The eligible individual, or, as appropriate, the individual and the individual's representative, shall be given an opportunity to review the program and, if necessary, jointly redevelop and agree by signature to its terms. The eligible individual or, as appropriate, the individual and the individual's representative, shall sign the independent living plan and any amendments indicating that the: Independent living plan was jointly developed; and Individual agrees to the terms of the independent living plan. The development of the independent living plan for transitioning students shall be coordinated to the maximum extent possible with the individualized education program for the individual prepared under Individuals with Disabilities Education Act, as amended. Independent living services are any goods or services necessary to assist an eligible individual in becoming more independent and include: Independent living core services; Information and referral services, Independent living skills training, Peer counseling, including cross-disability peer counseling, and Individual and systems advocacy; Evaluation of independent living potential, including diagnostic and related services incidental to the determination of eligibility for, and the nature and scope of, services to be provided; Counseling services, including psychological, psycho-therapeutic, and related services; Services related to securing housing or shelter, including services related to community group living that promote independence, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities; Personal assistance services, including attendant care and the training of personnel providing these services; Transportation, including referral and assistance for transportation; Rehabilitation technology; Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services; Individual and group social and recreational services; Mobility training; Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, accessible transportation, and other support services; Consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved; Education and training necessary for living in a community and participating in community activities; Supported living; Physical rehabilitation; Therapeutic treatment; Provision of needed prostheses and other appliances and devices; Services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities; Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities; Any appropriate preventive services necessary to decrease the future needs of individuals with significant disabilities assisted under this program for similar services; and Any other vocational rehabilitation services available under COMAR 13A.11.01, which are appropriate to the independent living needs of an individual with a significant disability. The regulations under COMAR 13A.11.01.09 apply. The regulations under COMAR 13A.11.01.10 apply. The schedule under COMAR 13A.11.01.15 applies. The regulations under COMAR 13A.11.01.11 apply. The regulations under COMAR 13A.11.06 apply. The decision to close a record of services shall be made only with the full participation of the applicant or eligible individual, or, as appropriate, the individual and the individual's representative, unless the individual has refused to participate, is no longer present in the State, or cannot be located. The views of the individual or, as appropriate, the individual and the individual's representative, shall be recorded in the record of services. Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative, written notice of the: Reasons for the decision; Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and Availability of the resources within the Client Assistance Program. If a record of services is closed based on a determination that independent living services will not significantly assist the individual to improve the individual's ability to function independently in family or community or to engage or continue in employment, the Division shall review the decision within 12 months after the determination has been made. The individual shall be given written notice and opportunity to participate in the review, unless the individual refused a review, is no longer present in the State, or the individual's whereabouts are unknown. The Division shall conduct subsequent reviews at the request of the individual. Criteria for Closing a Record of Services. A record of services shall be closed when: The individual has been determined ineligible under Regulation .04 of this chapter or because the provision of independent living services under an independent living plan has demonstrated that the individual is not capable of functioning more independently in family or community or engaging or continuing in employment; The individual has declined services or failed to cooperate with the independent living program; The individual has moved out of the State or cannot be located; or The independent living goal of the individual included on the independent living plan has been achieved. A certification of ineligibility indicating the reasons for the determination in §D(1)(a) of this regulation shall be completed, dated, and signed by the counselor. When the record of services is closed, there shall be documentation describing the way in which the individual has benefited from independent living services and has significantly improved the ability to engage or continue in employment or to function independently in family or community. The provisions of COMAR 13A.11.01.16 apply. The provisions of COMAR 13A.11.01.17 apply. Education Article, §§21-301—21-306, Annotated Code of Maryland Effective date: October 3, 1988 (15:20 Md. R. 2335) Regulation .01, Independent Living Services, repealed effective May 27, 1991 (18:10 Md. R. 1117) Regulations .01—.13, Independent Living Rehabilitation Services, adopted effective May 27, 1991 (18:10 Md. R. 1117) Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 277) Regulation .14 adopted effective February 28, 1994 (21:4 Md. R. 277) Regulation .15 adopted effective February 28, 1994 (21:4 Md. R. 277) Chapter revised effective August 7, 2000 (27:15 Md. R. 1402) Regulation .01 amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .03A amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .04C amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .12B amended effective December 6, 2007 (34:24 Md. R. 2159) This chapter implements the Maryland Business Enterprise Program for the Blind which is established pursuant to the Randolph-Sheppard Act, 20 U.S.C. §107 et seq. and Education Article, §§21-301—21-303, Annotated Code of Maryland. The purpose of the program is to establish vending facilities on federal, State, county, municipal, and private property for blind persons to operate as small business enterprises. The Division of Rehabilitation Services of the State Department of Education is designated as the State agency to issue licenses to blind persons for the operation of vending facilities under the program. The Division shall have final authority and responsibility for the administration and operation of the program. In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandonment” means a vendor's relinquishment of responsibility to operate the vendor's vending facility in accordance with the Operating Agreement and Permit/Contract by failing to assure the continued operation of the facility to serve customers. “Active participation” means an ongoing process of negotiations between the Division and the Committee to achieve joint planning and approval of program policies, standards and procedures before their implementation by the Division. The preceding does not supersede the Division's final authority to adopt program policies and administer the program. “Administrative Manual” means a policy manual developed by the Division with the active participation of the Committee, which establishes operational procedures for the Program. “Blind person” means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever the person shall select, has been determined to have: Not more than 20/200 central visual acuity in the better eye with correcting lenses; or An equally disabling loss of the visual fields to the extent that the visual field in the better eye is constricted to an angle of 20 degrees or less. “Combined facility” means a facility that is unable to effectively operate independently without the support of a Primary Facility for purposes of inventory replenishment, storage, and other factors. Criteria for the establishment of a combined facility will be detailed in the Specific Criteria section of the facility bid sheet of the Administrative Manual. “Committee” means the Committee of Blind Vendors elected by the vendors in accordance with Regulation .14 of this chapter. “Cost of goods” means the inventory cost of the products sold. “Division” means the Division of Rehabilitation Services of the State Department of Education, the State licensing agency designated to administer the Business Enterprise Program for the Blind. “License” means a written instrument issued by the Division to a blind person who has successfully completed the provisional period, or who has been a licensed vendor before July 1, 2003, authorizing the blind person to operate vending facilities. “Licensed blind vendor” means a blind person who has been licensed by the Division to operate a vending facility on federal, State, or other property. Management Services. “Management services” means supervision, inspection, quality control, consultation, in-service training, and other related services provided by the Division on a systematic basis to support and improve vending facilities operated by blind vendors. “Management services” does not include services or costs which pertain to the on-going operation of an individual facility after the initial establishment. “Minority groups” means African Americans, Hispanics, Latinos, American Indians, Alaska Natives, Asians, Native Hawaiians, or other Pacific islanders, and women. “Net proceeds” means the amount remaining from the sale of merchandise or services at a vending facility and any vending machine or other income accruing to a vendor after deducting the actual cost of products for resale and other business expenses excluding set-aside charges, if any. “Nominee agency” means a nonprofit organization designated in accordance with Regulation .01 as agent of the Division to furnish management services. “Operating Agreement” means a written instrument entered into between the Division and a vendor authorizing the vendor to operate a vending facility at a specific location and setting forth the respective responsibilities of the parties with respect to the vending facility. “Permit” or “contract” means a written instrument entered into between the Division and a property managing agency authorizing the establishment of a vending facility and setting forth the terms and conditions for the operation of the vending facility. “Primary location” means a vending facility which is assigned to a vendor under an operating agreement that allows that vendor to operate other facilities as a satellite. “Program” means the Maryland Business Enterprise Program for the Blind. “Program funds” means income available in accordance with this chapter to pay for program expenses. “Property managing agency” means the agency that owns, manages, or leases any building, land, or real property and is responsible for authorizing the establishment of a vending facility on federal, State, county, municipal, or private property. “Provisional license” means a written instrument issued by the Division to a blind person who has successfully completed the new vendor training program authorizing the blind person to operate vending facilities before being issued a license. “Ready-for-assignment list” means a roster of licensed blind persons awaiting assignment to a vending facility in the program. “Reasonable service and maintenance costs in accordance with customary business practices” means personnel and repairs costs, including equipment and transportation costs, taxes, overhead and administration costs, and vendor profit. “Receipts” means payments made to the program by a commercial vending company which operates services and maintains vending machines on property controlled by the property managing agency. “Satellite location” means a vending facility which: Is assigned to a vendor for a minimum of 12 months; and After 12 months, may be released to a qualified unassigned vendor upon request of the unassigned vendor as the unassigned vendor's primary. “Seniority” means accrued time for a vendor counting only those days during which the vendor holds an effective Operating Agreement. “Set-aside charges” means fees, if any, assessed against the net proceeds of each vending facility under the program. “Trainee” means a blind person who has met the eligibility requirements for entry into the Program for training to become a licensed vendor. “Training” means organized programs of instruction for the purpose of assisting blind persons to acquire those skills and knowledge necessary for the operation of vending facilities. “Upward mobility” means training which would enable a licensed vendor to achieve increased skill levels necessary to enhance the vendor's current business operations and for transfer or promotion to more complex facilities. “Vending facility” means vending machines, cafeterias, snack bars, and other retail facilities for the sale of foods, beverages, newspapers, periodicals, confections, tobacco products, and other merchandise including the sale or exchange of chances for any lottery authorized by State law and conducted by an agency of the State. “Vending machine” means a currency-operated machine that dispenses products or services. “Vending machine income” means receipts, other than those of a blind vendor, from vending machine operations on property controlled by the property managing agency after deducting the costs of goods sold, including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns. “Vendor” means a licensed blind person who operates or has operated vending facilities and is on the seniority list. To be considered for training for the Business Enterprise Program for the Blind, an individual shall meet the requirements: In Regulation .05A(1)(a) and (b) of this chapter; and Established by the Division and Committee described in the Administrative Manual in terms of academic and interpersonal skills, confirmed by findings of a career assessment or psychological evaluation, or both. Individuals meeting the standards in §A(1) and (2) of this regulation shall participate in an interview with a panel of Division staff and Committee members. Establishment. The Division with the active participation of the Committee shall develop training, retraining, and upward mobility programs for blind persons who are vendors or potential vendors. The Division shall ensure that effective programs of vocational and other training services are provided to blind persons as vocational rehabilitation services under the Rehabilitation Act of 1973, as amended. Training Curriculum and Materials. The Division shall develop training materials for the program and shall review annually and revise the materials, as necessary. Formal training shall include but not be limited to: Pertinent laws and regulations including the Randolph-Sheppard Act and these regulations; Customer service; Business math, money management, and budgeting; Merchandising; Merchandise-inventory control; Financial reporting and analysis; Housekeeping; Sanitation certification; Food preparation and menu planning; Safety; Taxes; Vending machine operations; Personnel management and employee relations; Practical training at a community college or other contractor; On the job training (OJT) with a licensed vendor or vendors; and Other training directly related to vending facility operations as requested by a vendor or the Division. Training for Potential Vendors. Training for potential vendors shall be open to all blind persons who: Indicate a general capacity and desire to operate a vending facility; Wish to undertake specific training; and Meet the eligibility requirements established in Regulation .03 of this chapter. Classes. Trainees shall complete standardized classes and on-the-job training in accordance with procedures established in the Administrative Manual. Training shall be flexible enough to terminate training in a particular area once the trainee has demonstrated mastery of the area. Trainees may be given additional training in areas of deficiency. Training Standards. The Division with the active participation of the Committee shall establish and maintain standards to be met by trainees for entry into the training program, and for satisfactory completion of the training program. The Division shall certify as qualified to operate a vending facility all trainees who have met the standards. A trainee may be terminated from the training program for: Failure to satisfactorily complete the training curriculum in terms of academic achievement or demonstration of appropriate interpersonal skills for a retail environment, or both; Confirmed use of illegal drugs; or Confirmed abuse of legal drugs or alcohol, or both. Trainees terminated shall be advised of appeal rights and the Client Assistance Program in accordance with COMAR 13A.11.07. Retraining and Upward Mobility Training. The Division shall provide an opportunity for retraining as needed: Upon a vendor's request; or Whenever the Division finds that retraining is necessary to enable a vendor to operate a vending facility successfully. The Division shall provide an opportunity for upward mobility training consistent with 34 CFR 395.11. Any vendor undergoing retraining for any purpose, including improvement of skills, or upward mobility training shall continue to have responsibility for the vending facility to which the vendor is assigned and the Operating Agreement shall remain in effect while the vendor receives retraining or upward mobility training. In-Service Training. The Division and the Committee shall jointly sponsor and establish a specific agenda, time, and place for an in-service training conference for all vendors and licensed blind persons on the Ready-For-Assignment List. Funding for the conference shall be in accordance with funds budgeted by the Division and Committee for this purpose in the annual budget for the program. Conferences shall be designed to provide those attending with up-to-date information concerning developments and procedures within the program, changes in applicable laws, merchandising techniques, and such other matters as the Committee and the Division may determine to be desirable. Eligibility. The Division shall issue licenses to persons who are determined to be: Blind persons; Citizens of the United States; and Qualified to operate vending facilities. A blind person is qualified to operate vending facilities if the person has: Successfully completed the training program for potential vendors; or Been determined by the Division to have the requisite knowledge and skills as determined under the standards established under Regulation .04 of this chapter to successfully operate a vending facility. The Division shall give preference to blind persons who are in need of employment. Time Period for Licenses. A provisional license shall be issued to a new vendor for a minimum of 6 months. During this period, the new vendor shall meet the standards of performance established by the Division and Committee and set forth in the Administrative Manual. A vendor who holds a provisional license shall be terminated from the Program if the vendor fails to meet the standards of performance after a maximum of two consecutive provisional periods of training. The Division shall issue a standard license to blind persons after a successful provisional period. The standard license is effective for an indefinite period of time subject to suspension or termination in accordance with Regulation .12 of this chapter. Ready-for-Assignment List. The Division with the active participation of the Committee shall establish and maintain a Ready-for-Assignment List of all licensed blind persons awaiting assignment to a vending facility by ranking the persons in the order in which they were licensed or accrued seniority, whichever applies. The Division shall give persons on the Ready-for-Assignment List announcements of vending facility openings distributed in accordance with §E(1). Seniority List. The Division with the active participation of the Committee shall establish and maintain a seniority list of vendors based upon this regulation. Vendors shall accrue seniority only for periods when an Operating Agreement is in effect. Calculation of vendors' seniority shall be based upon the determination of accumulated seniority published by the Division on January 19, 1987. If a vendor's license is terminated, the vendor shall forfeit all seniority and be removed from the seniority list. However, if the vendor appeals the termination under Regulation .13 of this chapter and prevails, the seniority continues. If the vendor loses the appeal, the vendor may reapply for a license after a 2-year waiting period. If the request is approved, the vendor only accumulates seniority from the time of the issuance of the second license. The Division shall provide each vendor with a notice of the vendor's seniority annually or upon request. If the vendor disagrees with the seniority list, the Division shall provide an explanation to the vendor upon request. Assignment Procedures. When a vending facility becomes available for assignment, the Division shall first comply with any ruling in an appeal under Regulation .13 of this chapter. If a property managing agency relocates an existing vending facility within the building or to a new building, the Division shall reassign the vendor who was assigned to the existing vending facility to the new vending facility unless the property managing agency or the Division shows cause why the reassignment should not take place. If a property managing agency establishes a new vending facility and closes an existing vending facility in the same building, the Division shall reassign the vendor who was assigned to the closed vending facility to the new vending facility. If a property managing agency establishes an additional vending facility in a building where one vending facility is already located, the senior vendor who is operating the existing vending facility may request reassignment and has priority for assignment to the newly established vending facility, unless the property managing agency or Division shows cause why the assignment should not take place. Assignment Criteria. The Division with the active participation of the Committee shall establish written criteria for each vending facility which an applicant is required to meet in order to qualify for assignment to the vending facility. Minimum criteria for assignments are established in the Administrative Manual. The Division shall assign applicants to vending facilities based on qualifications, described in §D(1) of this regulation, and seniority unless the Division or the Committee can show that the senior applicant does not qualify based on the assignment criteria. If the most senior applicant does not qualify for the vending facility, the Division shall assign the next most senior applicant who qualifies to the vending facility, subject to the opportunity for the meeting described in §E(2) of this regulation. Assignment Procedures. Announcement. The Division shall send announcements, including pertinent data defined in the Administrative Manual of all vending facilities not subject to assignment under §C of this regulation, by email and first-class mail to all licensed vendors, including those holding provisional licenses. The announcements shall contain a statement of the assignment criteria under §D which an applicant shall meet in order to qualify for assignment on the basis of seniority and the due date for responses. Evaluation. After the due date for responses, the Division shall submit to the Committee Chair the name of the applicant recommended for the assignment. If the recommended applicant is not the most senior applicant, the Division shall also submit to the Committee Chair a report identifying any applicants with more seniority and the reasons for finding the applicants unqualified. The Division shall also notify the applicant who is found unqualified of the reasons for the finding and the applicant’s right to appear before the Committee to present information supporting qualifications for the assignment. Committee Meeting. Upon receipt of the Division’s recommendation, the Committee shall schedule a meeting with the Division and the applicant found unqualified if the applicant wishes to show that the applicant is qualified. Committee Review and Recommendation. The Committee shall agree or disagree with the Division’s recommendation, or make its own recommendation within 7 business days after receipt of the recommendation, unless the time is extended by mutual agreement. If the Committee does not respond within this period, in writing, the Division’s recommendation shall be effective. If the Committee disagrees with the Division’s recommendation, the Division and the Committee shall hold a conference to resolve the disagreement. If the Division and the Committee do not resolve the disagreement, the Division’s recommendation shall be effective. An aggrieved applicant may appeal under Regulation .13 of this chapter. Satellite Locations. The Division shall assign satellite locations in accordance with procedures described in the Administrative Manual. An Operating Agreement shall be developed with the active participation of the Committee of Blind Vendors and shall be made part of the Administrative Manual. Terms. The Division and the vendor shall enter into an Operating Agreement each time a vendor is assigned to a vending facility. The Operating Agreement shall be effective on the first day that the vendor is required to be on the location and signed by the Division and the vendor. On the effective date of the Operating Agreement, the Division shall provide the vendor a complete inventory of all equipment, a list of saleable merchandise, and petty cash provided by the Division. The Division shall provide the vendor the current value of all saleable merchandise and determine any financial obligations as described in the Administrative Manual. Payment shall be made as provided in the Administrative Manual. Period for Operating Agreement. The Operating Agreement shall be for an indefinite period, but subject to suspension or termination for a violation of applicable law, this chapter, the terms and conditions of the permit or contract between the Division and the property managing agency, or the terms and conditions of the Operating Agreement. The Operating Agreement may be terminated upon the lawful termination of the permit or contract between the Division and the property managing agency. The Operating Agreement may also be terminated by the Division for: Failure to pay applicable State and federal taxes and set-aside charges that result from the operation of the vending facility; Failure to obtain or maintain applicable insurances; Failure to maintain applicable health standards; Abandonment of the vending facility; or Violation of the terms and conditions of the Operating Agreement. Termination. The Division shall ensure that the termination of any permit or contract with the property managing agency is in compliance with applicable laws and regulations. In the event of termination of the permit or contract with the property managing agency, the Division shall notify the vendor in advance and afford the vendor an opportunity for an administrative review before the proposed termination of the agreement. Vending Facility Equipment. The Division, with the participation of the vendor, shall determine what equipment is needed to operate the vendor's vending facility and shall: Provide adequate equipment in good working order; Replace worn-out equipment; Retain ownership of equipment purchased by the Division; Repair and maintain equipment owned by the Division; Repair and maintain equipment owned by the property managing agency and under contract with the Division; Reimburse the vendor for equipment purchased by the vendor and preauthorized by the Division, which shall pay the depreciated value determined from the date of the original receipt provided by the vendor; and Perform an annual audit of equipment at each vending facility. The vendor: May not alter, change, or remove equipment provided by the Division, or property managing agency, without prior approval from the Division; Shall report immediately any theft of, or damage to, equipment owned by the Division or property managing agency; Shall be responsible for damage or loss of equipment as a result of negligence on the part of the vendor or the vendor's employee; Shall perform day to day routine maintenance, and maintain equipment in accordance with manufacturers' recommendations and in a clean and sanitary condition in accordance with applicable federal, State, and county health codes; Shall immediately notify the Division of equipment needing repair; and Shall assist the Program in verifying the equipment at the vendor's vending facility during the annual audit. The vendor, at the vendor's expense, may purchase or lease equipment for use in the facility if the equipment is: Consistent with the operation of the facility; Allowed by the permit or contract; Approved for commercial use; and Approved in advance in writing by the Division or property managing agency, or both. With regard to equipment purchased or leased by the vendor in accordance with §A(3) of this regulation, the vendor shall: Assure that the Division is not a party to the lease or purchase agreement; Be responsible for all costs associated with the equipment; Remove the equipment from the vending facility when vacating the vending facility; Deduct the cost of the equipment as a business expense, in accordance with generally accepted accounting principles, for purposes of calculating set-aside; and Report funds reimbursed, for the purchase, as income to the vending facility for set-aside purposes on the next monthly report following the reimbursement. If equipment is placed in the facility by the vendor and the equipment does not meet the requirements of §A(3) and (4) of this regulation, the vendor: May not deduct the cost associated with the equipment as a business expense against the facility, or for set-aside charges; May be required to remove the equipment from the facility upon the request of the Division; and Will not be reimbursed for any costs associated with the equipment by the Division. Initial Merchandise and Petty Cash. The Division shall furnish each vending facility with adequate, suitable initial stock of merchandise and petty cash sufficient for the establishment and operation of the vending facility. The vendor shall maintain an inventory of saleable merchandise equal to or exceeding the value of the initial stock of merchandise furnished by the Division or the cash equivalent. The initial petty cash provided by the Division and the stock of merchandise remains the property of the Division. When a vendor vacates a vending facility: All equipment, merchandise, and petty cash provided by the Division shall remain on the vending facility; All cash on hand other than that provided by the Division shall be the property of the vendor and shall be removed from the vending facility at the time it is vacated; Within 45 calendar days after the vendor vacates the vending facility, the vendor shall provide to the Division the current wholesale value of saleable merchandise contained in the inventory on the vending facility; If the vendor fails to comply with this provision, the vendor shall pay a penalty as set forth in the Administrative Manual; The vendor is not eligible for transfer until final settlement of inventory; Inventory settlement payment shall be made in accordance with the Administrative Manual; and The Division may elect to use vending machine income due the vendor as payment of inventory settlement and penalties, if any. In the case of the death of the vendor: The Division shall designate the date on which the final inventory shall be taken; and The time period to submit to the Division a priced out inventory may be extended to 60 calendar days and the vendor's heirs or assigns shall have the right to participate in and verify the final inventory of equipment, merchandise, and cash on hand. When a vendor accepts an existing vending facility: The Division shall provide the manager the valued inventory within 15 days of receipt by the Division from the vendor vacating the vending facility; and The manager shall have 45 calendar days to review and dispute any discrepancies; otherwise, the inventory value is accepted as correct. Vendor Ownership of Vending Facilities. If the Division determines that the right, title to, and interest in vending facilities may be vested in the vendors, the Division with the active participation of the Committee of Blind Vendors shall establish policies and procedures adequate to provide each vendor the opportunity to assume ownership of a vending facility. The Division with the active participation of the Committee shall prepare a budget for the program before June 1 of each fiscal year, which reflects revenues and expenses for the next State budget year. The budget shall contain a complete plan of proposed expenditures and estimated income for the new fiscal year and shall show a zero balance. Determination and Use of Set-Aside Charges. On or before June 1 of each fiscal year, the Division with the active participation of the Committee shall determine the extent, if any, to which funds shall be set aside from the net proceeds of each vending facility during the following State budget year. If the Division and the Committee determine that set-aside charges shall be assessed, the Division shall publish and submit the schedule of set-aside charges to the Commissioner of the Rehabilitation Services Administration, United States Department of Education for approval. Set-Aside charges may only be used in the extent necessary to achieve the following purposes: Maintenance and replacement of equipment; Purchase of new equipment for: Existing vending facilities; and The establishment of new vending facilities if the Division with the active participation of the Committee determines that the financial stability of the program will be adversely affected through the use of other program funds for this purpose; Management services performed in accordance with a management services plan jointly developed and reviewed annually by the Division and the Committee; and Establishment and maintenance of a retirement and health insurance plan and provision of paid sick leave and vacation time, if a majority of licensed vendors in the State holding an Operating Agreement, after having been provided full program and financial information on the benefits, determine that the benefits be provided. Reasonable Charges and Records. If the Division with the active participation of the Committee determines that set aside charges are necessary, the charges may not be assessed for any purpose in an amount greater than that which may reasonably be required for the purpose. The Division shall maintain adequate records to support the reasonableness of the charge for each purpose including any reserves necessary to assure that the purpose can be achieved on a consistent basis. Schedule of Payments. Vendors shall pay set-aside charges in accordance with a schedule determined annually by the Division with the active participation of the Committee. If a vendor fails, without good cause, to pay set-aside charges in accordance with the established schedule, the Division shall assess penalties as outlined in the Administrative Manual. If the vendor fails to pay the set-aside charges and accumulated penalties, if any, the Division may elect to use vending machine income due the vendor as payment. The vendor is not eligible for transfer to another facility until the set-aside charges are paid. As a final recourse, the Division may suspend the vendor’s Operating Agreement, or terminate the vendor’s license in accordance with Regulation .12 of this chapter. Documentation of Reported Set-Aside Expense. A vendor shall maintain on file all documents, including but not limited to expense paid outs and cash register daily tapes, used in the calculation of the monthly set-aside report: For a period of at least 3 years; and Consistent with the requirements established by federal, State, or municipal authorities. Set-aside reports filed by the vendor are subject to audit by the appropriate taxing authority, the Division, or an accounting firm selected by the Division. Distribution of Assigned Vending Machine Income. The Division shall remit monthly, if available, or otherwise quarterly vending machine income which accrues from vending machines on federal, State, local, or private property to the vendor operating a vending facility on the property in accordance with 34 CFR §395.32. Vending machine income remitted to a vendor shall be reported separately from gross sales and shall be included in calculating the net proceeds of the vending facility. Limitations on Vending Machine Income. A vendor is entitled to vending machine income not to exceed the national average income of blind vendors for the previous year. Limitations may not be imposed on income from vending machines when the machines are maintained, serviced, and operated by a vendor within the confines of the vending facility. Vending machines may not be maintained, serviced, and operated by a vendor unless authorized by the Division. Use of Unassigned Vending Machine Income. Vending machine income that does not accrue to a vendor in accordance with §A(1) of this regulation from federal, State, local, or private properties shall be used for: Establishment and maintenance of retirement or pension plans, for health insurance contributions if so determined by a majority licensed vendors holding an operating agreement; Maintenance and replacement of equipment; The purchase of new equipment; and Management services. Any vending machine income from federal property not used for the purposes authorized in §C(1) of this regulation shall be used in accordance with 34 CFR §395.8(c) and Regulation .10C of this chapter. Set-aside charges, if any, shall be reduced pro-rata in an amount equal to the total of any vending machine income used for the purposes in Regulation .10C of this chapter. Vending machine income from vending machines not on federal property in excess of the amount disbursed to vendors may be used for program purposes. Resignation. Notice. When a vendor resigns from a vending facility or the program, the vendor shall give the Division written notice at least 90 calendar days in advance of the effective date of resignation unless the vendor is reassigned to another vending facility. The Division may waive this requirement in an emergency. If a vendor fails to comply with this requirement, the Division may terminate the vendor’s license and the vendor shall be disqualified from reapplying for a license for 2 years. When a vendor resigns from the program, the Division shall terminate the vendor's license. Extended Illness. If a vendor has an extended illness, as defined in the Administrative Manual, the vendor or the vendor's representative may, subject to §B(3) of this regulation: Continue to operate the vending facility and receive the net proceeds from the facility less the cost for substitute personnel; or Terminate the Operating Agreement and relinquish the vending facility. If the vendor terminates the Operating Agreement, the vendor may not accrue additional seniority after the vending facility is relinquished. If the illness continues beyond 1 year with a medically documented diagnosis of prolonged incapacity of the vendor to operate a vending facility, the Division may terminate the vendor's Operating Agreement or license. Probation and Suspension and Termination of Licenses. Grounds for Probation. The Division may place a licensed vendor on probation for: Not maintaining the vending facility according to established health standards and for scoring below average on two consecutive health inspections; or Not meeting the requirements set forth in a mutually agreed upon corrective action plan between the vendor and the Division for vendor or facility improvement, or both. Grounds for Suspension. The Division may suspend a vendor's license when the Division finds that the vendor has: Repeatedly violated the requirements of COMAR Title 10 or the current U.S. Public Health Service Food Code which endangers the health or public safety of consumers and employees; Failed to comply with the terms of the permit or contract; or Failed to abide by the terms of the Operating Agreement. Grounds for Termination. The Division may terminate a vendor's license when the Division finds that the vendor has: Possessed alcohol or an illegal substance on the vending facility; Operated the vending facility while under the influence of alcohol or an illegal substance; Abandoned a vending facility; Regained vision to the extent that the vendor is no longer a blind person; Failed to operate the vending facility in compliance with: This chapter; The terms and conditions of the permit or contract with the property managing agency; The terms and conditions of the Operating Agreement; or The sanitation requirements of COMAR Title 10 or the current U.S. Public Health Service Food Code; Received a license from another state to operate a vending facility; or Exceeded the time period for obtaining an Operating Agreement as described in the Administrative Manual, Section 3.A. Procedures for Probation. The Division shall give the vendor written notice of probation. The written notice shall state the: Reason or reasons for the probation; Date on which the probation period begins; and Corrective action that the vendor shall successfully complete during the 6-month probation period. The notice shall be personally delivered to the vendor by Program personnel, or mailed to the vendor's last known address by certified mail, return receipt requested. A vendor who does not successfully complete the corrective action for two consecutive probation periods shall be terminated from the Program. Procedures for Suspension or Termination. The Division shall give the vendor written notice of the suspension or termination of the license. The written notice shall state the: Reason or reasons for the suspension or termination; Length of the suspension, if applicable; Corrective action required to rescind the suspension, if applicable; and Vendor's right to request review of the suspension or termination in accordance with Regulation .13 of this chapter. The notice shall be personally delivered to the vendor by Program personnel, or mailed to the vendor's last known address by certified mail, return receipt requested. The suspension or termination shall take effect 15 days after the vendor's receipt of the notice unless, before the effective date, the vendor has: Taken the corrective action specified in the suspension or termination notice; or Requested review of the suspension or termination in accordance with Regulation .13 of this chapter. Operation of the Facility. During the period of a suspension or revocation, the Division shall: Operate the vending facility; Pay all facility obligations associated with the operation out of facility proceeds; and Pay the vendor net proceeds from the operation of the facility less operating costs, and less outstanding debts to the Division, suppliers, and State and federal agencies. Temporary Removal. The Division may remove a vendor temporarily from a vending facility in advance of a hearing only under emergency conditions. The Division shall give the vendor written notice of the temporary removal personally or by certified mail, return receipt requested, stating the reasons for the action and the vendor’s right to appeal the action. The temporary removal shall be effective immediately after receipt of the notice by the vendor. The vendor’s license and the Operating Agreement shall remain in effect during the period of the temporary removal. If the vendor appeals the action, the vendor shall continue to receive the net proceeds from the vending facility less the cost of substitute personnel until the final decision, resulting from the full evidentiary hearing, issued pursuant to Regulation .13B(12) of this chapter. Administrative Review. A vendor who is dissatisfied with any action, or actions, arising from the operation or administration of the program may obtain an administrative review of the action, or actions, by filing a written request within 15 calendar days of such action with the Director of the Office for Blindness and Vision Services (OBVS), Division of Rehabilitation Services stating the action, or actions, with which the vendor is dissatisfied and any remedy that the vendor seeks from the Division. Upon receipt of the written request, the Director of OBVS and the vendor shall determine a suitable date for the administrative review conference which shall be within 15 calendar days of the date on which the written request was received. The Director of OBVS shall provide written confirmation of the date, time, and place of the conference to the vendor and the availability of the Committee to assist in the appeal. Conduct of Administrative Review. The Director of OBVS shall conduct the administrative review conference in an informal manner in order to determine the merits of the dispute. The vendor may be accompanied to the conference by any person of the vendor’s choosing. The Director of OBVS shall allow the vendor to fully explain the reasons for the request and the nature and type of any remedy that the vendor seeks from the Division. The conference may be recorded by any means if the parties determine that a recording is needed. If a record is made, the vendor shall be entitled to receive a copy promptly. Written Decision. After fully exploring the matter at the administrative review conference and considering the views of the vendor, the vendor’s representative, and any representative of the Division, the Director of OBVS shall prepare a written determination affirming, reversing, or modifying the action, or actions, reviewed or make any other determination necessary to fully and fairly implement the purposes of the Randolph Sheppard Act and this chapter. The Director of OBVS shall set forth in the written determination a brief statement of the reasons for the determination. The Director of OBVS shall deliver or mail the written determination to the vendor and vendor’s representative within 15 calendar days from the date of the conference. If the action or actions being reviewed is the result of a decision made by the Director of OBVS, the administrative review will be conducted by the immediate supervisor of the Director of OBVS or designee. Full Evidentiary Hearing. Within 15 calendar days after receipt of an administrative review determination, a vendor may appeal the determination by filing a written request for a hearing with the Assistant State Superintendent in Rehabilitation Services stating the reasons for the appeal and the remedy that the vendor seeks from the Division. The Assistant Superintendent shall acknowledge in writing the receipt of the request for hearing and shall notify the vendor and the vendor's representative of the time, date, and place of the hearing within 15 calendar days after receipt of the request. The notice shall confirm the issues to be considered at the hearing, and the name of the hearing officer who will conduct the hearing. The hearing shall be held within 60 calendar days of the receipt of the request for hearing. The Assistant Superintendent may conduct the hearing or transfer the appeal to the Office of Administrative Hearings to conduct the hearing. The hearing officer shall conduct a fair and impartial hearing in an informal manner and in a fashion as to fully determine the issues presented. The parties shall have the following rights at the hearing: To be represented; To present witnesses; To cross-examine witnesses; To present documentary or other evidence which is relevant; To submit rebuttal evidence; and To present summation and argument. An authorized employee of the Division may participate in the hearing and present any evidence or testimony which is relevant. Evidence. The hearing officer shall admit into the record all relevant evidence. The hearing officer may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Documentary evidence may be received in the form of copies unless the hearing officer determines that production of the original document is required to ensure a full and fair hearing. The hearing officer shall maintain a record of the hearing which shall include all physical evidence submitted by the vendor and the Division and a mechanical recording of the proceedings. The mechanical recording shall be transcribed if an appeal is filed by the vendor or upon payment of costs for the transcription by the vendor or other person entitled to access to the transcript. Ex Parte Communication. The hearing officer and any other Division official or employee authorized to participate in the decisional process, may not communicate outside the presence of the vendor or the vendor’s representative with any person not authorized to participate in the decisional process regarding any issue of fact or law in the case. If the hearing officer or any official or employee involved in the decisional process becomes personally aware of the prohibited communication, that person shall follow the procedures of the State Government Article, §10-213, Annotated Code of Maryland, concerning these communications. Written Decision. Upon conclusion of the hearing the hearing officer shall issue a written decision. If the hearing officer is the Assistant Superintendent, the decision shall contain final findings of fact and conclusions of law, separately stated. If the hearing officer is not the Assistant Superintendent, the decision issued shall contain proposed findings of facts and conclusions of law, separately stated. The decision shall affirm, modify, or reverse the administrative review determination and shall be delivered or mailed to the vendor and the vendor’s authorized representative within 15 calendar days after the conclusion of the hearing. Exceptions. Upon receipt of a decision containing proposed findings of fact and conclusions of law, the vendor shall have 15 calendar days to file written exceptions to the decision with the Assistant Superintendent. If written exceptions are filed, the vendor shall state in writing whether the vendor desires to present argument before the Assistant Superintendent on the points of exception. If a request for argument is timely filed or if the Assistant Superintendent determines that argument would assist in resolving the appeal, the Assistant Superintendent shall schedule the case for argument. The argument before the Assistant Superintendent shall be limited to oral presentation of reasons for the points of exception. New or additional evidence may not be allowed into the record. After consideration of the exceptions and oral argument, if any, the Assistant Superintendent shall issue the final written decision in the case to affirm, reverse, or modify the hearing officer’s decisions. The final decision shall be delivered or mailed to the vendor and the vendor’s representative within 20 calendar days of receipt of the written exception or oral argument, whichever is later, and implemented promptly. When a final decision of the Division is issued, the Assistant Superintendent shall include with the decision a written statement of the right to file a complaint with the Secretary of the United States Department of Education, which is available to the vendor under 34 CFR §395.13, to request the Secretary of the United States Department of Education to convene an ad hoc arbitration panel. The Division shall maintain a separate file of final hearing decisions issued which shall be available for public inspection. Before placing these decisions in the file, the Division shall delete any names or references in the decision which would allow identification of any vendor or other person. The Division shall arrange for interpretative or reader services for those persons who require assistance in exercising their rights under this regulation. Biennial Election. The Division shall convene a meeting of all vendors in the spring of each even-numbered year to elect a Committee of Blind Vendors. The elections shall be held in accordance with the Constitution adopted by the vendors. The Constitution shall conform to the requirements of 34 CFR §395.14 and this chapter. All licensed vendors holding an Operating Agreement are required to attend the bi-annual meeting. All other licensees, trainees, and other interested parties may attend this meeting. Only active licensees holding an Operating Agreement are eligible to vote. A licensed vendor holding an Operating Agreement who fails to attend the annual meeting shall be disciplined as prescribed in Section 23 of the Administrative Manual. Committee Procedures. The Committee shall establish procedures governing its organization and operation consistent with the Constitution adopted by the vendors and these regulations. Functions of the Committee. The Committee shall perform all functions and obligations imposed on it pursuant to these regulations, the Constitution adopted by the vendors, the Administrative Manual, and 34 CFR §395.14. With the active participation of the Committee, the Division shall develop and recommend an annual budget for the program based on current financial data. A representative from the Committee shall participate as a member of any panel convened for the purpose of interviewing applicants for vacant positions in the Program. The Division shall provide vendors with program and financial reports including audits to the extent that the disclosure does not violate the laws pertaining to disclosure of confidential information. The Division shall prepare and submit to the Committee in accordance with time periods specified in the Administrative Manual written annual financial reports. The reports shall set forth revenues received and available from all sources, program expenses, and changes in fund balances for the period covered by the reports. Financial Audit. A financial audit of the program will be conducted annually. The scope of the annual audit will be agreed to by the Division and the Committee of Blind Vendors. The Division shall provide each vendor with a copy of this chapter, the Operating Agreement, applicable permits or contracts between the Division and property managing agency, the Administrative Manual, and the Nominee Agreement, and any other documents relating to the operation of the facility, if any. The Division with the active participation of the Committee shall also provide in writing to each vendor an explanation of the vendor’s rights and responsibilities under the program including the right to an administrative review, a full evidentiary hearing, and arbitration under Regulation .13 of this chapter, if the vendor is dissatisfied with any action arising from the operation or administration of the program. Each vendor shall acknowledge in writing that the vendor has been supplied with a copy of the documents listed above, and a written explanation of the vendor’s rights and responsibilities under the program upon assignment to a vending facility. Forms and Reports. The Division shall issue forms, operating procedures, or reports necessary to implement these regulations with the active participation of the Committee. Vending Facilities. The Division with the active participation of the Committee shall make decisions regarding the opening, closing or consolidating of vending facilities and the number of facilities to be established at any given site in accordance with the Administrative Manual. The Division shall give preference to expansion of the program, but every effort shall be made to assure that a vendor on the same premises will not be adversely affected by the expansion. Applicable Laws. The Division shall administer the program in accordance with applicable laws, these regulations, and the Administrative Manual. Nominee Agency. The Division may, with the active participation of the Committee of Blind Vendors, enter into an agreement with a nominee agency to furnish management services. The Division shall clearly explain in writing any responsibilities that are delegated to a nominee agency. The Division, with the active participation of the Committee, shall develop policies and procedures as required to assure the efficient operation and administration of the program. The policies and procedures shall be contained in an Administrative Manual which shall be binding on both the Division and the vendors. The Division and the Committee shall review the Manual every 3 years. Duties of the Division. The Division shall take affirmative action to recruit, train, and license blind persons from minority groups for the program. The Division may not discriminate in the recruiting, training, and licensing of blind persons for the program and the assignment of vendors to vending facilities on the basis of sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation. Duties of the Vendor. A vendor may not discriminate against any person furnishing the use, services, privileges, and accommodations of a vending facility on the basis of sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation. The State procurement regulations for the operation of vending facilities on property controlled by the Department of General Services are found in COMAR 21.11.09. Education Article, §§21-301—21-303; State Finance and Procurement Article, §14-109;Annotated Code of Maryland; Federal Regulatory Reference: 34 CFR 395 Effective date: May 2, 1988 (15:9 Md. R. 1111) Regulation .20 adopted effective June 7, 1993 (20:11 Md. R. 915) Chapter revised effective December 9, 2004 (31:24 Md. R. 1728) Regulation .02B amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .05A amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .06F amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .13A amended effective December 6, 2007 (34:24 Md. R. 2159) Chapter revised effective July 20, 2015 (42:14 Md. R. 881) Effective date: Regulations .01—.11 adopted as an emergency provision effective May 3, 1989 (16:10 Md. R. 1102) (Emergency provisions are temporary and not printed in COMAR) Regulations .01—.11 adopted effective October 16, 1989 (16:20 Md. R. 2181) Chapter, Attendant Care Program, repealed effective June 7, 1993 (20:11 Md. R. 915) This chapter implements the following: Education Article, §21-307, Annotated Code of Maryland; State Government Article, §§10-611—10-628, Annotated Code of Maryland; Health-General Article, §§4-302 and 4-305, Annotated Code of Maryland; Executive Order 01.01.1983.18; and 34 CFR §361.49 governing the collection, use, and disclosure of personal information about Division clients. The regulations governing the collection, use, and disclosure of personal information by the Disability Determination Service are set forth at 20 CFR 401. In this chapter, the following terms have the meanings indicated. Terms Defined. “Client” has the same meaning as defined in COMAR 13A.11.01.03. “Client's representative” has the same meaning as defined in COMAR 13A.11.01.03. “Disclose” or “disclosure” means the communication of personal information about an applicant or eligible individual or the release of records containing personal information about an applicant or eligible individual. “Division” has the same meaning as defined in COMAR 13A.11.01.03. As used in this chapter, the term “Division” includes employees of the Division. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, agency, or other organization. “Personal information” means any information about an individual and includes, but is not limited to, name, address, identification number, and financial, educational, employment, family, or medical information. “Record” or “record of services” means the original or copy of any documentary material that is made or received by the Division in connection with the operation or administration of the program. Personal information about an applicant or eligible individual, whether obtained directly from the applicant or eligible individual or from another person, shall be kept confidential and may not be disclosed except in accordance this chapter. The Division shall notify each applicant or eligible individual who is requested to provide personal information about: The authority under which the information is collected; The principal purpose for which the information is intended to be used; Whether provision of the information is mandatory or voluntary and the specific consequences of not providing the information; The individual's right to: Inspect and obtain copies of records which contain personal information about the individual, and Amend or correct any records which contain inaccurate or incomplete information; and The requirements of this chapter regarding obtaining written consent from the individual before personal information is disclosed to another person and the circumstances under which written consent is not required. The notice under §A of this regulation shall be given in writing and explained in the applicant or eligible individual's primary language or mode of communication, including braille. Subject to Regulation .06 of this chapter, when requested by an applicant or eligible individual or an individual's representative, the Division shall permit the individual or the individual's representative to inspect and obtain copies of any records in the custody of the Division which contain personal information about the individual. A request to inspect and obtain copies of records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and identify the records which are the subject of the request. Records of minors, that is, individuals younger than 18 years old, which relate to or reveal substance abuse diagnosis or treatment may not be released to the individual's representative, including a parent or guardian, without the explicit written consent of the individual, in accordance with federal alcohol and drug abuse confidentiality regulations, 42 CFR 2. The Division shall comply with a request to inspect and obtain copies of records within a reasonable period, but not to exceed 30 days after receipt of the request. If the requested records are unavailable or have been destroyed or lost, the Division shall notify the applicants or eligible individual or the individual's representative within 10 working days after receipt of the request. Medical, psychological, or other personal information which the Division believes may be harmful to an applicant or eligible individual may not be disclosed directly to the individual but shall be provided to a person chosen by the individual or, if applicable, pursuant to Health-General Article, §4-302, Annotated Code of Maryland. Persons preparing reports which contain information which may be harmful to the applicant or eligible individual should clearly identify this on the face of the report. When the Division has obtained personal information from another person, the information shall be disclosed only by, or under the conditions established by, the other person. If the Division is not permitted to disclose the information, the Division shall inform the individual of the identity of the person who provided the information and any procedure for contacting the person directly to obtain the information. An applicant or eligible individual or an individual's representative may request the Division to amend or correct any records in the custody of the Division which contain inaccurate or incomplete information about the individual. A request to amend or correct records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and: Identify the records which are the subject of the request; Describe the requested change precisely; and State the reasons for the change. Within 30 days after receiving a request to amend or correct records, the Division shall: Make or refuse to make the requested change; Give the applicant or eligible individual or the individual's representative written notice of the action taken; and If the requested change is refused, state the reasons for the refusal. The Division may refuse to amend or correct records because, among other reasons, the records were not created by the Division. If the Division refuses to make the requested change and the applicant or eligible individual or the individual's representative disagrees with the Division's action, the applicant or eligible individual or the individual's representative may file with the Division a concise statement that, in five pages or less, states the reasons for the requested change and for disagreement with the Division's action. The statement of disagreement shall be attached to the disputed record and the Division shall provide a copy of the statement whenever the disputed record is disclosed to another person. An applicant or eligible individual or an individual's representative may request an appeal hearing if the Division takes any of the following actions with respect to any records in the custody of the Division which contain personal information about the individual: Denies a request to inspect and obtain copies of the records; Denies a request to amend or correct records; Fails to attach a statement of disagreement to a disputed record; or Fails to provide a statement of the disagreement when a disputed record is disclosed to another person. The appeal hearing shall be conducted in accordance with COMAR 13A.11.07. Except as provided in Regulation .11 of this chapter, the Division shall obtain written consent from an applicant or eligible individual or the individual's representative before disclosing personal information to another person. The written consent to disclose personal information shall be dated and signed by the applicant or eligible individual or the individual's representative, and shall: Identify the person to whom the information is to be disclosed; State the purpose of the disclosure; and Identify the information or records to be disclosed (medical, psychological, and other evaluation reports shall be specifically identified in the written consent). The written consent to disclose personal information shall be valid for 45 days from the date consent is given unless otherwise specified in writing or revoked in writing by the applicant or eligible individual. Upon receiving written consent from the applicant or eligible individual or the individual's representative to disclose personal information to another person, the Division shall disclose only the information or records specified in the written consent, subject to the restrictions in Regulation .06 of this chapter. The Division shall maintain a copy of the applicant or eligible individual's written consent in the individual's record of services. The Division shall attach the following statement to each disclosure made with the eligible individual's written consent: This information has been disclosed to you from records whose confidentiality is protected by federal and State law (see COMAR 13A.11.06). Federal regulations prohibit you from making any further disclosure of it without the specific written consent of the person to whom it pertains or as otherwise permitted by such regulations. A general authorization for the release of information is NOT sufficient for this purpose. Medical, psychological, or other information which may be harmful to the individual may not be disclosed directly to the individual but must be provided to a third party chosen by the individual unless a representative has been appointed by a court to represent the individual, in which case the information must be released to the court-appointed representative. Information about individuals who are minors, i.e., under 18 years old, which relates to or reveals substance abuse diagnosis or treatment may not be released to the individual's representative, including a parent or guardian, without the explicit written consent of the individual, in accordance with federal alcohol and drug abuse confidentiality regulations, 42 CFR 2. The information should be managed in a manner to protect confidentiality and to protect against unauthorized disclosure. Any person who willfully and knowingly discloses or uses confidential information in violation of the law may be liable to the individual for actual and punitive damages, attorneys' fees, and litigation costs, and may also be subject to criminal penalties (see State Government Article, §§10-626 and 19-627, Annotated Code of Maryland). The Division may disclose personal information without obtaining written consent from the applicant or eligible individual or the individual's representative when the disclosure is: To agencies, organizations, or individuals with whom the Division has formal cooperative agreements or from whom the individual is requesting or receiving services connected with the individual's rehabilitation program, or both; To an employee of Disability Determination Services and concerns an individual served by both the Division and its component, Disability Determination Services; Subject to Regulation .12 of this chapter, in connection with an administrative or judicial proceeding to review an action of the Division affecting the individual; Subject to Regulation .13 of this chapter, to comply with a judicial order or lawfully issued subpoena; Subject to Regulation .14 of this chapter, in connection with an audit, evaluation, or research; To a third-party resource who initiated the referral for the service and who is responsible for payment; In response to a law enforcement, fraud, or abuse investigation, unless expressly prohibited by federal or State laws or regulations; Necessary to protect an applicant or eligible individual or other persons when the applicant or eligible individual poses a threat to the applicant's or eligible individual's own safety or the safety of the other persons; Required by State or federal law or regulation. Except for disclosures made pursuant to §A(1) and (2) of this regulation, the Division shall maintain a record within the applicant's or eligible individual's record of services of each disclosure made without the written consent of the individual. When personal information is disclosed in connection with an administrative or judicial proceeding to review an action of the Division affecting the applicant or eligible individual, the Division shall: Request that the information be placed under seal when such procedure is available; or Take other appropriate action to protect the confidentiality of the information. When the Division receives a judicial order or lawfully issued subpoena to disclose personal information, the Division shall make a reasonable effort to notify the applicant or eligible individual or the individual's representative of the order or subpoena in advance of compliance, and request the individual to consent in writing to disclosure of the information. If the eligible individual consents to disclosure of the information, the Division shall comply with the order or a subpoena. If the eligible individual does not consent to disclosure of the information, the Division may comply with the order or subpoena if the: Individual has been informed of the individual's right to seek a protective order from a court of law; Information requested is relevant to the subject matter involved in the case; Information is not privileged; and Person requesting the information provides written assurance that: The information will be disclosed only to persons directly involved in the preparation or trial of the case, The information will be managed in a manner to protect confidentiality and to prevent unauthorized disclosure, If the information is used in an administrative or judicial proceeding, the information will be placed under seal when this procedure is available, and The information will be destroyed when no longer needed for the case. The applicant or eligible individual is responsible for asserting any privileges which may exist as to any information in the custody of the Division and requesting an appropriate order from the court to prevent disclosure of the information. If the individual files a timely motion with the court to prevent disclosure of any information in the custody of the Division, the Division may not disclose the information until the court rules on the motion. The Division may disclose personal information in connection with an audit or evaluation for purposes directly related to the administration of the Division's programs if the person conducting the audit or evaluation assures that the information will: Be used only for the purposes for which it is provided and will be disclosed only to persons officially connected with the audit or evaluation; Be managed in a manner to protect confidentiality and to prevent unauthorized disclosure; Not be disclosed to the applicant or eligible individual; and Not be disclosed in any report without the informed written consent of the applicant or eligible individual. Disclosure of Personal Information in Connection with Research. The Division may disclose personal information in connection with research which would significantly improve the quality of life for persons with disabilities. The person conducting the research: Shall submit a written request to the Division which describes: The purpose of the research, Whether the findings will be published, The nature of the personal information requested, and The safeguards that shall be taken to protect the confidentiality of the information; May not contact any applicant or eligible individual unless the Division approves and monitors the contact. In addition to giving assurances required under §A of this regulation, the Division shall require the person conducting the research to make an agreement to protect the confidentiality of personal information in accordance with State Government Article, §10-624(c), Annotated Code of Maryland. The Division may charge a reasonable fee for copying records if reproduction is made by a photocopying machine within the Division, or the actual cost of reproduction if reproduction is made by a photocopying machine outside the Division or if the record is not susceptible to photocopying (for example, microfilm, X-rays, etc.). A charge may not be made if the total amount of the fee is $1 or less. The Division may charge a reasonable fee for the time beyond the first 2 hours expended searching for requested records and preparing the records for inspection and copying. The fee may be prorated for fractions of an hour. The Division may charge for the cost of postage to mail copies of records. Before copying records, the Division shall: Estimate the cost of reproduction, including research, preparation time, and postage; and Either obtain the agreement of the person requesting copies of the records to pay the cost or demand prepayment of any estimated fee before reproducing the records. Upon request, the Division may waive or reduce any fee charged pursuant to this regulation if the Division determines that the waiver or reduction is in the public interest. The Division shall consider, among other relevant factors, the ability of the person requesting copies of the records to pay the fee. Records of services shall be maintained for a minimum of 3 years following the closure of a record of services, and then destroyed, except for records held by the Workforce and Technology Center and those approved by the Social Security Administration for reimbursement, which shall maintain records for a minimum of 5 years pursuant to Health-General Article, §4-403, Annotated Code of Maryland. Under State Government Article, §10-626, Annotated Code of Maryland, a person who willfully and knowingly discloses or uses personal information about an applicant or eligible individual in violation of the law may be liable to the individual for actual and punitive damages, attorneys' fees, and litigation costs. Under State Government Article, §10-627, Annotated Code of Maryland, a person who willfully or knowingly discloses or uses personal information about an applicant or eligible individual in violation of the law, or by false pretenses, bribery, or theft gains access to or obtains a copy of a record containing personal information about an applicant or eligible individual whose disclosure is not authorized by law to the person, may be charged with a misdemeanor and upon conviction may be subject to a fine not exceeding $1,000. Education Article, §§21-304—21-306 and 21-308, Annotated Code of Maryland Effective date: August 15, 1990 (17:13 Md. R. 1613) Chapter revised effective August 7, 2000 (27:15 Md. R. 1402) Regulation .16 amended effective October 1, 2001 (28:19 Md. R. 1687); January 21, 2013 (40:1 Md. R. 21) This chapter establishes the review procedures of the Division of Rehabilitation Services for an applicant for or a recipient of rehabilitation services who is dissatisfied with any determination made by a counselor concerning the furnishing or denial of rehabilitation services under the State plans. In this chapter, the following words have the meanings indicated. Terms Defined. “Appeal hearing” means the procedure, at the level of the Director of the Division, to review determinations made by a counselor upon the request of an applicant for or recipient of rehabilitation services. “Client” means an applicant for or recipient of rehabilitation services provided by the Division of Rehabilitation Services under the State plans which are listed under §B(8) of this regulation. “Client Assistance Program” has the meaning stated in COMAR 13A.11.01.03. “Counselor” means the State employee responsible for determining eligibility and providing or arranging rehabilitation services for applicants or recipients of these services. “Director” has the meaning stated in COMAR 13A.11.01.03. “Division” means the Division of Rehabilitation Services, the State agency designated to administer the vocational rehabilitation and independent living programs. “Eligible individual” has the meaning stated in COMAR 13A.11.01.03 or 13A.11.03.02, as appropriate. “Hearing officer” means an impartial individual who: Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education); Has not been involved previously in rehabilitation of the applicant or eligible individual; Has knowledge of the delivery of the Maryland State Plan for Independent Living rehabilitation services, the Maryland State Plan for Vocational Rehabilitation Services, and the federal and State regulations governing the provision of these services and training with respect to the performance of official duties; Has no personal or financial interest that would be in conflict with the individual's objectivity; Is not a member of the State Rehabilitation Council; Is an administrative law judge assigned by the State Office of Administrative Hearings pursuant to State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland; and Is selected from among a pool of qualified individuals identified jointly by the designated State unit and the members of the State Rehabilitation Council. “State plans” means the State's annual plans for Vocational Rehabilitation Services and Independent Living Rehabilitation Services required by §§101 and 704 of the Rehabilitation Act of 1973 (Public Law 93-112) as amended, which are incorporated by reference. Assistance to Applicants and Eligible Individuals. The counselor shall inform all applicants and eligible individuals of the right to request an appeal hearing, including the name and address of the Director of the Division, at the time of application, when the individualized plan for employment or independent living plan is developed, and upon reduction, suspension, or cessation of services. Division employees shall assist an applicant or eligible individual in exercising the appeal rights under this regulation that include: Assistance in writing the request for an appeal hearing; Advising the individual of the various stages of the appeal process; Advising the individual about formal mediation; and Providing information regarding services available through the Client Assistance Program. Requesting an Appeal Hearing. A request for an appeal hearing shall be filed within 60 days of receiving notice of the counselor's determination. The appeal shall be in writing and signed by the applicant or eligible individual or the individual's representative. The appeal shall clearly identify the action appealed and contain a brief statement of the reasons for the appeal and the action that the applicant or eligible individual requests the Division to take. The written appeal shall be mailed or delivered to the Director. The Director shall acknowledge in writing the receipt of the appeal. Unless the applicant or eligible individual, or the authorized representative of the applicant or eligible individual, as appropriate, requests that the appeal hearing be open to the public, the appeal hearing shall be closed to the public. Formal Mediation. The Division shall assure that formal mediation is available once an appeal hearing has been requested. The following requirements apply: Mediation is voluntary on the part of both parties; Mediation shall be scheduled: In a timely manner at a place convenient to both parties, and So that it will not delay the scheduled appeal hearing; Mediation shall be conducted by a qualified and impartial mediator trained in effective mediation techniques; During mediation, both parties may submit evidence and information which supports their positions; During mediation, the applicant or eligible individual may be represented by a person selected by the applicant or eligible individual; Any agreement reached through mediation shall be documented in a written mediation agreement; Discussions occurring during the mediation process shall be confidential and may not be used as evidence in any subsequent appeal hearing or civil proceedings; and The parties to the mediation process may be required to sign a confidentiality pledge before the beginning of the mediation process. Delegation to Hearing Officer. The Director shall delegate a request for an appeal hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland, to conduct the hearing and to issue a final decision to the Director and to the applicant or eligible individual. The appeal hearing shall be conducted by an administrative law judge within the Office of Administrative Hearings pursuant to State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland. The State Rehabilitation Council and the Division shall jointly identify qualified impartial hearing officers from administrative law judges within the Office of Administrative Hearings. The hearing officer shall: Hold the hearing within 60 days of the Division's receipt of the request for an appeal hearing, unless the parties jointly agree to a delay; Conduct the hearing in accordance with the Rules of Procedure of the Office of Administrative Hearings, COMAR 28.02.01; and Submit in writing to the applicant or eligible individual or the individual's representative and to the Director, within 30 days of the conclusion of the hearing: Findings of fact and conclusions of law and a final decision affirming, reversing, or modifying the determination being appealed; and A statement of the individual's right of review of the final decision. Proof. In an appeal of a counselor determination that an individual is ineligible for vocational rehabilitation services because the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to the severity of the disability, the Division has the burden of proof by clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome. In all other matters, the individual has the burden of proof by a preponderance of the evidence. Prohibition of Ex Parte Communication. The hearing officer and any Division employee authorized to participate in the appeal process may not communicate outside the presence of the individual or the individual's authorized representative with any person not authorized to participate in the appeal process regarding any issue of fact or law in the case. If the hearing officer or any employee involved in the appeal process becomes personally aware of a prohibited communication, that person shall follow the procedures set forth in State Government Article, §10-219(b), Annotated Code of Maryland, concerning these communications. Final Decision. The final decision shall be promptly implemented. Appeal Rights. A final decision of the administrative law judge shall include a written statement of the individual's right of review which is a civil action in either the State circuit court or in the federal district court. The final decision shall be implemented pending any review by any court. File of Final Decisions. The Director shall maintain a separate file of final decisions issued after appeal hearings that are available for public inspection. Before placing these decisions in the public inspection file, the Director shall delete any names or references in the body of the decision that would allow identification of any applicant or eligible individual. Accommodations. The Division or hearing officer shall provide reasonable accommodations for an individual who requires assistance to exercise the individual's rights under this regulation. The Division may not suspend, reduce, or terminate services being provided under an individualized plan for employment or independent living plan, unless the individual so requests, pending a final determination of an impartial hearing or other final resolution, unless these services have been obtained through fraud, collusion, or criminal conduct on the part of the individual. Education Article, §§21-301—21-306 and 21-402—21-404, Annotated Code of Maryland Effective date: July 1, 1989 (16:12 Md. R. 1337) Regulations .01—.03 amended effective January 2, 1995 (21:26 Md. R. 2191) Regulation .02B amended effective August 7, 2000 (27:15 Md. R. 1402) Regulation .03 amended effective August 7, 2000 (27:15 Md. R. 1402); October 28, 2002 (29:21 Md. R. 1646) Regulation .03D amended effective October 1, 2001 (28:19 Md. R. 1687) These regulations govern the operations of the Workforce and Technology Center, an organizational unit of the Division of Rehabilitation Services, Maryland State Department of Education, a facility which provides comprehensive rehabilitation services in support of the vocational and independent living goals of individuals with disabilities. In these regulations, the following terms have the meanings indicated. Terms Defined. “Admission” means the date a person is formally admitted to the Center. “Admission committee” means the management team delegated final responsibility to review and approve or deny applications for admission to the Center. “Admission criteria” means the standards applied by the Center to determine its capacity and capability to provide the services requested by an applicant and the applicant's capability to benefit from services. “Appeal hearing” has the same meaning as defined in COMAR 13A.11.07.02. “Assistive technology” means the application of technological methods and principles and the provision of devices and aids to meet the needs of and address the barriers confronted by individuals with disabilities. “Career assessment” means a systematic, organized study of a consumer that is made to identify vocational options, assets, limitations, and behaviors, considering the interests, capabilities, and priorities of the individual, in the context of work environments in which the individual might function. “Case manager” means the staff person assigned primary responsibility for planning, initiating, coordinating, and monitoring a program of services in conjunction with the individual client. "Center" means the Workforce and Technology Center, a facility operated by the Maryland State Department of Education, Division of Rehabilitation Services, for the purpose of providing vocational rehabilitation and independent living services to individuals with disabilities. “Client” means an individual who is accepted for services and admitted to the Center. “Client Assistance Program” has the same meaning as defined in COMAR 13A.11.01.03. “Client's representative” has the same meaning as “individual's representative” as defined in COMAR 13A.11.01.03. “Commission on Accreditation of Rehabilitation Facilities (CARF)” means the private, nonprofit organization formed in 1966 which has established standards of quality for rehabilitation services and which accredits those who provide these services. “Department” means the Maryland State Department of Education. “Director” means the chief administrator who is responsible for the operation of the Center. “Discharge” means termination of a program of services being provided for a client of the Center. “Division” has the same meaning as defined in COMAR 13A.11.01.03. “Employer advisory board” means a group of citizens who voluntarily provide advice, consultation, and recommendations associated with vocational courses offered at the Center. “Employment skills training” means a program offered by the Center designed to provide a client with these skills necessary to achieve employment in a specific occupation. “Functional limitations” means conditions resulting from a disability which prevent or impair an individual's ability to perform independent living or vocationally related activities. “Medical director” means the licensed physician who directs, manages, and coordinates medical services provided at the Center. “Medical functional evaluation” means a systematic study of a person to assess and identify the need for physical restoration services, functional assets and limitations, and readiness for vocational rehabilitation or independent living services. “Medical rehabilitation services” means the provision of one or more of the following services to clients: Physical therapy; Occupational therapy; Audiology; Speech-language therapy; Rehabilitation nursing; Medical management; Psychiatric or psychological evaluation, or both, and psychiatric or psychological treatment, or both; Therapeutic recreation; and Related services. “Medical staff” means those persons appointed to professional positions within the medical department of the Center in accordance with the credentialing process required by COMAR 10.07.01.24. “Physiatrist” means an individual licensed to practice medicine in Maryland who, by virtue of training and experience, specializes in physical medicine and rehabilitation. “Physician” means an individual licensed to practice medicine in Maryland who has been appointed to the medical staff of the Center. “Program” means a structured set of activities designed to achieve specific objectives established for the client. “Record” means the official repository of electronic and hard copy documentation concerning an individual served by the Center. “Residential services” means the provision of room, board, recreation, and other support services in the dormitory of the Center or the supported residence dormitory. “Restriction” means a procedure designed to reduce or eliminate maladaptive or inappropriate behavior as part of a progressive disciplinary action program. “Risk management” means a program developed to identify, evaluate, and reduce the risks to clients in the provision of services at the Center. “Vocational rehabilitation services” has the same meaning as defined in COMAR 13A.11.01.08. Referral of a person to the Center may be made by a: Division of Rehabilitation Services staff member on behalf of a client of the Division; or Representative of a public or private organization or agency when an agreement has been established between the Center and the organization or program regarding direct referral of an individual. The referral source shall: To the extent possible, make available to the admission office of the Center current medical, social, educational, psychological, psychiatric, and vocational rehabilitation information needed to make a determination regarding admission; Indicate the services being requested for the applicant and whether the person seeks services as a resident of the Center, as a day client commuting to the Center, or as a client receiving Center services in the client's community; and Assure that documentation required by the Center to process an application is complete and accurate and shall be responsible for providing any additional information which may be requested by the admission office. A person may not be denied admission to the Center solely on the basis of the person's race, creed, religion, color, national origin, age, sex, disabling condition, residence, or political affiliation. The admission committee shall comply with the Division's Order of Selection for Services policy set forth at COMAR 13A.11.01.13. The assigned case manager shall review the application and supporting documentation and, based upon the criteria set forth in this regulation, make a decision to admit the applicant or to recommend to the admission committee denial of the applicant. The admission committee and case manager shall make the final decision to admit or deny an applicant to the Center based upon the following criteria: The person is an applicant for or recipient of vocational rehabilitation services provided by the Division or by a public or private organization or agency with an established direct referral agreement with the Center; The services and resources needed to address the functional limitations presented by the applicant are available at the Center; There is evidence that the: Applicant has the developmental, personal, and social skills necessary for self-directed activity and participation in a program of rehabilitation conducted in group settings; Admission request is voluntary on the part of the applicant; and Current health status of the applicant permits participation in a program of rehabilitation services; and The applicant to an employment skills training program meets standards for admission and has a reasonable expectation of successfully completing the program and being employed in the field. An applicant may be admitted for residential services in the: Supported residence dormitory (SRD) of the Center, if the admission committee, case manager, or residential supervisor determines that the applicant needs assistance with activities of daily living and/or requires supervision to be able to function in a residential setting; or Dormitory of the Center, if the admission committee or case manager determines that the applicant is independent in the applicant’s activities of daily living and will be able to function in a residential setting with minimal supervision. Referral information confirms that the applicant who seeks admission for assessment or training services meets criteria specific to the service or program. An applicant who has been determined to have a communicable disease may not be admitted unless the Center's medical director approves admission on the grounds that the communicable disease is not transmissible through casual contact and the applicant's behavioral characteristics and history indicate that the applicant would not present a risk of transmitting the disease to other clients and staff of the Center. The admission committee may deny admission to an applicant who, in its determination, presents a danger to the health and safety of other clients and staff at the Center or presents a condition that the Center does not have adequate resources to care for appropriately, including, but not limited to, an applicant: Who is behaviorally or psychiatrically unstable or dangerous to a degree which requires intensive supervision or a restrictive therapeutic environment as documented by a licensed physician or psychologist; Who is acutely ill or medically unstable, as documented by a licensed physician, and requires medical, surgical, or nursing care beyond the resources of the Center; Who is currently using or abusing illegal drugs or alcohol; Who is a minor and who requires, in order to participate in a program of services, separate residential facilities for care or treatment as may be required by State law or regulation; Who is incarcerated or required to be under the strict supervision of law enforcement officers; or Who does not have established housing: For weekends; For other times when the Center is closed; or Upon completion of the applicant's service or program. WTC staff shall notify the applicant and referral source of the scheduled admission. If the applicant is being denied admission, the admission committee shall respond in writing and: State its reasons for denial; Inform the applicant and referral source of the Client Assistance Program and appeal process; and When appropriate, provide alternative recommendations for addressing the functional limitations presented by the applicant. The referral source, the applicant for services, or the applicant's representative may request reconsideration of a decision denying admission within 30 days of receipt of the admission committee's decision by requesting, in writing, an opportunity to appear before the admission committee. If the admission committee, after reconsidering, confirms the decision to deny admission, the applicant may request an appeal hearing in accordance with COMAR 13A.11.07.03. The Center shall apply the policies, procedures, and schedule governing participation by the client or the client's representative in the cost of services set forth in COMAR 13A.11.01.10 and .15. Upon admission to the Center, the client or the client's representative shall complete and sign a financial agreement which details the client's or the client's representative's responsibilities for payment, if any, for services to be provided. The financial agreement shall authorize the assignment of costs to third parties if available and applicable. The Center shall provide the following services, depending on the needs of the client and the individualized program of services developed with the client: Case management; Career assessment; Outpatient medical rehabilitation; Assistive technology (AT); Employment skills training; Work readiness services; Worksite services; Room, board, and recreation; Addiction assessment and addiction counseling for clients who are enrolled in other Center programs; Other services which may reasonably be expected to benefit the client and which may be needed to address the client's individualized rehabilitation needs or functional limitations; and Special programs for clients including: Blindness and vision services; Autism services; Services for transitioning youth; and Deaf and hard of hearing services. For clients receiving medical functional evaluations, comprehensive assessments, and employment skills training, the case manager and the client shall initiate a discharge plan upon the client's admission to the Center and document the discharge plan in the record. The case manager shall include in the discharge planning process: The client; Family members or others who can provide support and assistance to the client; Members of the interdisciplinary team who may be involved in the delivery of services to the client; and The referral source. The case manager shall notify the client, the client's family, representative, the referral source, and rehabilitation team members of the proposed discharge date. The case manager for clients receiving medical functional evaluations, comprehensive assessments, and employment skills training shall hold a discharge conference with the client on or shortly before the day of discharge to summarize services, discuss issues, and outline the steps needed to facilitate transition to the next phase of the client's rehabilitation program. The client shall be informed that a written report will be submitted to the referral source in a timely fashion after the conclusion of the service. Workforce and Technology Center staff may discharge a client from the Center under any of the following circumstances and with the active participation of the client, the client's representative, and the referral source: The client satisfactorily completes the rehabilitation program as presented in the client's service plan; The client meets the requirements for graduation from an employment skills training program; The client initiates voluntary termination of the program; The client's medical condition prevents continued participation in a program of services; The client exhibits behavior which is dangerous or harmful to the client or to others in accordance with Regulation .11 of this chapter; The client is permanently suspended as a result of disciplinary action in accordance with Regulation .11; or The client dies. The Center's Assistant Director may discharge a client from the Center under any of the following circumstances and with the active participation of the client, the client's representative, and the referral source: The client fails to achieve satisfactory progress, based upon the service plan, and efforts to resolve the issues contributing to the lack of progress are unsuccessful; or The client is absent for more than 3 full program days without providing an acceptable reason to the case manager. Appeal. A client or a client's representative may request reconsideration by the Director of the decision to discharge of the Assistant Director within 3 days of being notified of the decision. The Director shall confirm or overturn the decision within 24 hours of the request. If the discharge decision is confirmed pursuant to §C(1) of this regulation, at the time of discharge from the Center, the client, the client's representative, and the referral source shall be given written notification of the: Reason for discharge; Availability of the Client Assistance Program; and Appeal process in accordance with COMAR 13A.11.07.03. If the discharge decision is confirmed pursuant to §C(1) of this regulation and the client pursues an appeal hearing in accordance with COMAR 13A.11.07.03, the client may remain at the Center and receive services pending the appeal process. A copy of the discharge summary shall be forwarded to the referral source and included in the client's record. The Director or the Director's designee may take appropriate disciplinary action against any client who violates the Center's regulations and procedures, or whose behavior is disruptive to the operations of the Center's programs and services. The severity of the disciplinary action shall be based on the nature and scope of the client's behavior. Disciplinary action may range from imposing appropriate restrictions on the client's privileges at the Center to temporary or permanent suspension from the Center. Restrictions on Privileges. The case manager or residential services staff, or both, as appropriate, may impose appropriate disciplinary actions involving restrictions on privileges and shall inform the client of the disciplinary action and the reasons for the action. The case manager or residential services staff, or both, as appropriate, shall, in a timely manner, notify the referral source of the disciplinary action and reasons for the action. Temporary or Permanent Suspension. The Center's Assistant Director, with the active participation of the referral source, shall implement the temporary or permanent suspension of a client from the Center. The Assistant Director shall: Give the client oral and written notice of the suspension and the reasons for the suspension; Inform the client and the client's representative of the Client Assistance Program; Inform the client and the client's representative that the client may request reconsideration of the Assistant Director's decision to the Director of the Center; Inform the client and the client's representative that the client may appeal the decision in accordance with COMAR 13A.11.07.03; and Notify the referral source in writing of the client's suspension. A temporary suspension may not exceed 30 program days on the first occurrence. A client whose presence in the Center poses a continuing danger to self or others may be suspended from the Center immediately, pending the reconsideration and appeal process. The disciplinary action taken against a client shall be documented in the client's record. A client who has been temporarily suspended from a program of services may not be permitted to return to the Center until a case conference is held between the client or the client's representative, the case manager, the referral source, and any other Center staff who are providing services to the client. At the case conference, the case manager shall establish the conditions under which the client may return to the Center, including any restrictions which may be imposed, or whether the suspension should be extended or made permanent. Each client admitted to the Center shall be provided with orientation services addressing both general operations of the Center and specific matters associated with the client's enrollment into a program of services. The Center’s Admission Packet which includes the rules and regulations shall be presented in writing to the client during the admission process. The client or, as appropriate, the client and the client’s representative, shall acknowledge receipt of a copy of the regulations and procedures associated with participation in a program of services at the Center by signing the document. The orientation program shall also include, as appropriate and required: Medical screening; Interview and completion of financial forms by the Admissions Office; Introduction to the specific program area or areas involved in the delivery of services; and Development of the service plan as specified in Regulation .08. The client shall be informed of the attendance policies relating to the program of services in which the client is enrolled, and the consequences which may result if the client is absent without authorization. The Center’s Admission Packet which includes the Consumer Bill of Rights shall be presented in writing to the client during the admission process. The client or, as appropriate, the client and the client’s representative, shall acknowledge receipt of a copy of the Consumer Bill of Rights and confirm that they have been provided the opportunity for clarification of their rights at the Center and of the methods and procedures available to present a complaint, seek review or appeal of any decisions involving the provision or denial of services, or address any other matter which may be of concern while enrolled in the Center, by signing the document. The Director shall assure that written policies and procedures are maintained relating to the planning, development, and provision of employment skills training courses. These policies and procedures shall include but not be limited to written curriculum and course descriptions which shall describe the: Training objectives; Performance standards against which the client's progress shall be assessed and the methods of assessment; and Requirements for course completion and extension of the program. The Director shall assure that an organized review of curriculum content, materials, and equipment is conducted at least once every 3 years in order to assure their continuing relevance. This review may be conducted as part of the activities conducted by the Employer Advisory Boards established for specific courses. Instructional personnel shall have active involvement in conferences and in service plan development, review, and modification for those clients served within their respective areas. The Director shall assure that policies and procedures are maintained relating to the planning, development, and provision of career assessment services to ensure that an array of assessment services are offered to meet the needs of the client and the referral source. Career assessment services shall be sufficiently comprehensive to obtain physical, intellectual, social, and work-related information necessary to identify a client's interests, knowledge, aptitudes, work skills and work-related capabilities and behaviors. The career assessment services shall employ work samples which shall be: Representative of realistic competitive worker traits and skills; Established by an analysis of job tasks or traits related to a specific area of work and standardized as to materials, layout, instructions, and scoring; and Based upon competitive norms or industrial standards. Appropriate adaptive assessment tools and methods shall be used wherever possible with clients having sensory, physical, communication, or other functional impediments which might invalidate standardized procedures. The length of time a client remains in career assessment shall be based upon the type of assessment requested and the time necessary to accomplish the client's evaluation goals. Evaluation data shall include personal interviews and behavioral observations conducted by Center staff or consultants. Based on referral information, referral questions to be answered, questions from the person served, the initial interview, pre-evaluation assessment of potential modifications required to meet a person’s specific needs, and the stated purpose of the evaluation, a specific written evaluation plan shall be developed with each client which shall identify: The specific type of career assessment requested; The questions to be answered through the evaluation; Methods to be used to address the referral questions; and Reasonable accommodations and assistive technology needs and assistive technology strategies to be used. Career Assessment Services staff person will provide preliminary information about the assessment results at the conclusion of the service. A written evaluation report shall be prepared for each client served in career assessment, and disseminated to the referral source within 14 working days of discharge from the Center. The evaluation report may be disclosed to other appropriate agencies or individuals only in accordance with the standards of Regulation .17 of this chapter. The Medical Director shall be responsible for planning and managing the clinical services provided by the Center in accordance with appropriate federal and State law, and regulations and standards established by accrediting organizations, including the Commission on Accreditation of Rehabilitation Facilities. The Director shall assure that policies and procedures are developed and maintained to ensure that a confidential record, including electronic and hard copy, is established and maintained for each client admitted to the Center. The record for each client shall include: Case identification data; Pertinent history, diagnosis of disability, functional limitation or limitations, and goals; Reports of assessment and individual program planning; Reports from referring sources; Reports of staff conferences; The individual service plans; Signed and dated service and progress reports from each Center department providing service; Release forms; Reports from outside consultation including laboratory, radiology, medical, or related services; Designation of the case manager for the client; Evidence of the client's, and when appropriate, the family's participation in the decision-making process of the client's program; Discharge information; and Other information relating to the planning, provision, and management of services to the client. The Center record shall be retained for a minimum of 5 years from the time the client is discharged from the Center. The record shall be maintained in a secure area and may be disclosed to the client, the client's representative, or others only in accordance with the standards set forth in COMAR 13A.11.06. The record may not be removed from the Center unless by court order or with the permission of the Director or Director's designee. Staff members of the Center or the Division who are involved in providing rehabilitation services to a client may maintain a working file relating to the client for their own use in planning, implementing, and managing the services, provided that these files are maintained in a secure place and are not accessible to or revealed to any other person, except in accordance with the standards of COMAR 13A.11.06. The Center shall apply the policies and procedures set forth in COMAR 13A.11.06 Records of Services. Personal information in the possession of the Center shall be used only for purposes directly connected with the planning, implementation, and management of rehabilitation services provided by the Center and the Division. The Center may obtain personal information from service providers and cooperating agencies under assurances that the information may not be further divulged except in accordance with this regulation. The Director shall assure that policies and procedures are maintained to comply with licensing and accrediting standards for career assessment, employment skills training, outpatient medical rehabilitation services, and any other services or programs for which the Center has or obtains accreditation or appropriate licensing as may be required by State law and regulations or by the Commission on Accreditation of Rehabilitation Facilities. The Director shall assure that the Monitoring Committee is established and maintained in accordance with applicable State laws and regulations and standards established by accrediting organizations. The Director of the Center shall assure that the policies and procedures are maintained for: A risk management program; An infection control program; A physician credentialing procedure; A program evaluation system; and Policy development through the Division's Policy Review Committee. The Director shall assure that policies and procedures are established and maintained in compliance with applicable federal, State, and local ordinances, laws, regulations, and orders as they apply to the use of facilities including, but not limited to, standards associated with health, welfare, sanitation, and safety. The Center shall be maintained in accordance with applicable fire code requirements set forth in State laws, regulations, and local ordinances. The premises shall be inspected annually and approved by the local fire authority. The Center shall maintain a fire and disaster plan in accordance with applicable State and local ordinances and shall regularly conduct fire drills during all shifts. A record of each fire drill shall be prepared and maintained. The Division of Rehabilitation Services Police may stop and conduct a frisk of a client, employee, visitor, or any other person on the premises if there is reasonable belief that the person possesses a weapon which presents an imminent danger to the safety of that person or other persons in the Center. The Director or the Director's designee may authorize searches of the physical plant including lockers and residential areas assigned to individual clients when there is a reasonable belief that the search is essential to prevent imminent danger to the safety or welfare of a client, an employee, or other persons on Center property, or that the search will produce evidence that the client has violated or is violating either the law or rules of the Center. A search of the physical plant may be undertaken without advance authorization if imminent danger to the health, welfare, or safety of clients or others exists. The Director or designee shall be immediately notified of any search that was conducted without advance authorization. All searches shall be made in the presence of a third party. The Director shall ensure that the Center is accessible to individuals with disabilities in accordance with the requirements of the: Architectural Barriers Act of 1968, 42 U.S.C. 4151 et seq.; and Uniform Federal Accessibility Standards, 41 CFR Subpart 101-19.6. Education Article, §§21-301—21-304, Annotated Code of Maryland Effective date: April 16, 1990 (17:7 Md. R. 850) Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1687) Regulation .02 amended effective October 1, 2001 (28:19 Md. R. 1687) Chapter revised effective August 28, 2006 (33:17 Md. R. 1438) Regulation .02B amended effective January 12, 2009 (36:1 Md. R. 23) Regulation .04E amended effective January 12, 2009 (36:1 Md. R. 23) Regulation .05A amended effective January 21, 2013 (40:1 Md. R. 21) Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 23) Regulation .08A amended effective November 30, 2009 (36:24 Md. R. 1859) Regulation .08G repealed effective January 12, 2009 (36:1 Md. R. 23) Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 23) Regulation .09D repealed effective January 12, 2009 (36:1 Md. R. 23) Regulation .10C amended effective November 30, 2009 (36:24 Md. R. 1859) Regulation .12B, E amended effective January 21, 2013 (40:1 Md. R. 21) Regulation .14G amended effective November 30, 2009 (36:24 Md. R. 1859) Regulation .14H amended effective January 21, 2013 (40:1 Md. R. 21) Regulation .15 amended effective January 12, 2009 (36:1 Md. R. 23); November 30, 2009 (36:24 Md. R. 1859) Regulation .16B amended effective January 12, 2009 (36:1 Md. R. 23) Regulation .18B amended effective November 30, 2009 (36:24 Md. R. 1859) Regulation .19D, E amended effective January 12, 2009 (36:1 Md. R. 23) Chapter revised effective July 20, 2015 (42:14 Md. R. 882)