DEPARTMENT OF HUMAN SERVICES Vocational Rehabilitation RULE MANUAL VOLUME 9 REHABILITATION SERVICES 12 CCR 2513-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] Statement of Basis and Purpose, Fiscal Impact, and Specific Statutory Authority of Revisions Made to Rule Manual 9 A rewrite of staff manual Volume 9 (Rehabilitation) was finally adopted at the 12/6/85 State Board meeting, with an effective date of 2/1/86 (Document 10). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Revisions to sections 9.103.2, 9.201.2, were finally adopted at the 6/6/86 State Board meeting, with an effective date of 8/1/86 (Document 1). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of sections 9.300 9.305.2 were finally adopted following publication at the 7/10/87 State Board meeting, with an effective date of 9/1/87 (Document 9). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of sections 9.400 9.406.1 were finally adopted following publication at the 9/11/87 State Board meeting, with an effective date of 11/1/87 (Document 6). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Revisions to section 9.302 were finally adopted following publication at the 12/4/87 State Board meeting, with an effective date of 2/1/88 (Document 16). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Revisions to sections 9.400 9.406 were finally adopted following publication at the 3/4/88 State Board meeting (CSPR# 88 1 6 1), with an effective date of 5/1/88. Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services. Revisions to section 9.402 were finally adopted following publication at the 11/4/88 State Board meeting (CSPR# 88 8 25 1), with an effective date of 1/1/89. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of section 9.500 was adopted emergency at the 12/1/89 State Board meeting (CSPR# 89-11-7-2 ), with an effective date of 1/1/90. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of section 9.500 was final adoption of emergency at the 1/5/90 State Board meeting (CSPR# 89- 11-7-2 ), with an effective date of 1/1/90. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Reorganization and rewriting of Volume IX, sections 9.100 through 9.600, were finally adopted following publication at the 10/5/90 State Board meeting (CSPR# 90 5 1 1), with an effective date of 12/1/90. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions to sections 9.500 and 9.900, were finally adopted following publication at the 3/8/91 State Board meeting (CSPR# 91-1-8-1), with an effective date of 5/1/91. This is a Rehabilitation Director rule. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions to sections 9.104 through 9.108 were adopted emergency at the 2/5/93 State Board meeting (CSPR# 92-12-22-1), with an effective date of 3/1/93. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the State Board Office, Department of Social Services.

Revisions to sections 9.104 through 9.108 were final adoption of emergency at the 3/5/93 State Board meeting (CSPR# 92-12-22-1), with an effective date of 3/1/93. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the State Board Office, Department of Social Services.

Revisions to sections 9.101 through 9.109 were final adoption following publication at the 7/9/93 State Board meeting (CSPR# 93-4-19-2), with an effective date of 9/1/93. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the State Board Office, Department of Social Services.

Rewrite of section 9.200 was final adoption following publication at the 8/6/99 State Board meeting (CSPR# 99-5-21-1), with an effective date of 10/1/99. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Department of Human Services, Office of External Affairs.

Revisions to sections 9.200 through 9.252 were final adoption following publication at the 5/5/2000 State Board meeting (CSPR# 00-3-14-1), with an effective date of 7/1/2000. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Department of Human Services, Office of Public Affairs.

Revisions to section 9.600 - 9.640 were final adoption following publication at the 12/7/2001 State Board meeting (CSPR# 01-5-22-1), with an effective date of 2/1/2002. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to section 9.218 - 9.218.5 were final adoption following publication at the 2/7/2003 State Board meeting (Rule-making# 02-11-25-2), with an effective date of 4/1/2003. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revision to Section 9.200 "Table of Contents", deletion of Section 9.217.4, and revision to sections 9.218.2 and 9.218.3 were final adoption following publication at the 5/6/2005 State Board meeting (Rule- making# 05-1-21-1), with an effective date of 7/1/2005. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Deletion of Sections 9.600-9.640 were final adoption following publication at the 9/7/2007 State Board meeting (Rule-making# 07-6-21-1), with an effective date of 11/1/2007. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Re-write of Sections 9.400 through 9.414 and deletion of Sections 9.900 - 9.900.3 were adopted as final following publication at the 5/2/2008 State Board meeting, with an effective date of 7/1/2008 (Rule- making# 06-11-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rules. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Boards and Commissions Division, State Board Administration.

9.101 LEGAL AND OPERATIONAL BASIS

9.101.1 State Agency Designation

The Department of Social Services is the sole State Agency in Colorado designated to administer the State Plan. All decisions affecting eligibility for, the nature and scope, and the provision of available vocational rehabilitation and supported employment services are made by the designated State Unit, Rehabilitation Services, and are not delegated to any other agency or person.

9.101.2 Mission

The mission of Colorado Rehabilitation Services is to assist people with disabilities who have barriers to employment or independent living to attain a level of functioning that will enable them to enter, re-enter, or maintain employment and enhance skills necessary for living independently.

9.101.3 Non-Discrimination

All vocational rehabilitation services shall be provided without regard to sex, race, age, creed, color, national origin, or type of impairment. No person living in the state will be denied service:; based on a residence requirement, durational or other.

9.101.4 Case File Documentation

A case file shall be maintained for each applicant and client and shall contain documentation to support a counselor's decision to provide, deny, or alter services.

9.101.5 Definitions

A. The term disability means a physical or mental impairment that constitutes or results in a substantial impediment to employment.

B. An individual with a disability means any individual who has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment.

9.102 PROTECTION, USE AND REI EASE OF PERSONAL INFORMATION

9.102.1 Confidential Information

All applicants and/or clients will cooperate with Rehabilitation Services in the collection of personal information required to determine eligibility for services and develop and implement an appropriate plan of services. Any information secured by or made available to Rehabilitation Services and/or its employees or representatives, concerning referrals, applicants or clients of the vocational rehabilitation program, is considered confidential. Use of such information, current or stored, is limited to purposes directly connected to the administration of the vocational rehabilitation program as identified in 9.102.2 and 9.102.3 and is not to be otherwise disclosed, directly or indirectly. Individuals shall be notified of the confidential nature of their case records and the conditions for. release of such information at the time of application.

9.102.2 Release to Applicants or Clients

Information acquired or maintained by Rehabilitation Services will be available upon request, in writing, for inspecting and copying by persons who are the subject of such information or by their agents or authorized representatives, in accordance with Colorado Public Records Law (24-72-201 et. seq. CRS 1982), unless release of such information is prohibited by Federal laws, rules and regulations. The following information shall not be disclosed by any employee of Rehabilitation Services to the applicant or client and/or his or her authorized representative; applicants and clients requesting such information shall be referred to the originating source of the report.

1. A. Social Security Administration (SSA) information except when requested by the Client Assistance Program on behalf of the client;
2. B. Veterans Administration information;
3. C. Medical or psychological information, when the service provider states in writing that disclosure to the individual is prohibited; and, D. Medical, psychological or other information which the counselor determines may be harmful to the individual.

9.102.3 Release to Other Programs or Authorities

Confidential information may be released to other agencies or organizations when necessary for their programs only after receiving informed written consent from the subject of the information and under assurances that the agency or organization will manage the information in a manner to safeguard its confidentiality in accordance with the confidentiality regulations governing vocational rehabilitation programs. Information may be released to other programs or authorities without the applicant's or client's written authorization when:

1. A. The information is necessary for the administration of the rehabilitation program, such as for audit purposes;
2. B. Sharing of the information, including pertinent medicaid and other data received from SSA, is necessary to establish an individual's eligibility for rehabilitation services and/or for the provision of such services under an Individualized Written Rehabilitation Program;
3. C. The information is required by Federal law;
4. D. The information is necessary to respond to an investigation in connection with law enforcement, fraud, or abuse (except where expressly prohibited by Federal or State laws or regulations), and in response to judicial order (SSA information shall not be released even under subpoena);
5. E. The information is necessary in order to protect the individual or others when the individual poses a threat to his or her own safety or to the safety of others;
6. F. The information is requested by the SSA; and, G. The Manager of Rehabilitation Services approves release to an organization/individual engaged in research in accordance with 34 C.F.R. 361.49, July 1991 edition. No amendments or later editions are incorporated. Copies are available for purchase at the Government Bookstore, Federal Office Building, 1961 Stout Street, Denver, Colorado 8C294. A copy is available for inspection in the Office of the Manager, Rehabilitation Services, Colorado Department of Social Services, 1575 Sherman Street, Denver, Colorado 80203-1714.

9.103 RIGHTS TO REVIEW AND APPEAL

9.103.1 Review and Appeal of Counselor Determinations

An applicant or client who is dissatisfied with any decision concerning the provision or denial of vocational rehabilitation services may request an informal review and/or a formal appeal. The informal review process may not be used to delay a formal hearing. Informal reviews and formal appeals shall be conducted in a manner to facilitate timely resolution of the concerns.

1. A. Informal Review The individual and/or his or her authorized representative may request an informal review regarding counselor determinations. Requests for such reviews must be made to the Supervisor I within thirty (30) calendar days of the decision under review unless there is good cause for a delay in requesting such review. A meeting with the appropriate Supervisor I and counselor, unless counselor attendance is not required by the Supervisor I or not desired by the applicant or client, must be held within thirty (30) calendar days of the request for review unless both parties agree additional time is necessary for good cause. The Supervisor I must render a written decision within ten (10) calendar days, unless both parties agree additional time is necessary for good cause. If the individual is dissatisfied with the Supervisor I's decision, he or she may request, in writing, an administrative review by the Director, Division of Field Services, or designee. During this review, the applicant or client will have the opportunity to provide facts relevant to the decision in dispute, and the Director of Field Services or designee will render a written decision within twelve (12) calendar days of the meeting, unless both parties agree additional time is necessary for good cause.
2. B. Formal Appeal An applicant or client may invoke a formal appeal with an impartial hearing officer regarding counselor determinations prior to, simultaneously with, in place of, or after requesting an informal review. A written request for such a hearing must be submitted to the Deputy Manager of Rehabilitation Services within forty-five (45) calendar days of the decision under appeal. A hearing must be held within forty-five (45) calendar days of the request, at which time the individual and/or his or her authorized representative may present evidence, information and witnesses to support his or her position. The impartial hearing officer must render a decision and provide a written report of the findings to the individual and/or his or her authorized representative, as appropriate, and the Manager of Rehabilitation Services, within thirty (30) calendar days of completion of the hearing. If the Manager decides to review the findings of the impartial hearing officer, the individual and/or his or her authorized representative must be provided written notification of this intent within twenty (20) calendar days of the mailing of the hearing officer's decision. The individual and/or authorized representative will be provided an opportunity to present additional evidence and information concerning the hearing officer's decision for consideration by the Manager during hi:; review. The Manager must complete the review, render a final decision, and provide a full written report to the individual and/or his or her authorized representative within thirty (30 calendar days of the notification of intent to review. Except for notification by the Manager of intent to review reasonable time extensions for any step in the formal appeal process may be granted to either party for good cause or if both parties agree.

9.103.2 Notification

Individuals shall be notified, in writing, of their review and appeal rights, including the availability of the Client Assistance Program, as follows:

1. A. At the time of application for services;
2. B. At the time of placement into an order of selection priority category;
3. C. At the time of Individualized Written Rehabilitation Program (IWRP) development and any time the IWRP is amended;
4. D. At the time a case is closed for reasons of ineligibility; and, E. At the time a case is closed from a deferred services waiting list.

9.103.3 Financial Participation in Reviews and Appeals

Rehabilitation Services shall not, pay for attorney's fees and/or document preparation for an applicant or client during the informal review or formal appeal process.

9.103.4 Continuation of Service(s) during Reviews and Appeals

A. When a review and/or appeal concerns a service(s) set forth in the Individualized Written Rehabilitation Program (IWRP), the disputed service(s) will continue until the review and/or appeal is completed unless continuation of the disputed service(s) is deemed harmful to the client or the disputed service(s) were obtained through misrepresentation, fraud, collusion, or criminal conduct by the individual. The following service(s), either by themselves or in combination with each other, will not be continued as the only services during a review and/or appeal:

1. 1. Transportation when previously provided due to the individual's financial need, 2. Maintenance, 3. Services to family members, and 4. Personal assistance services.

B. When a review and/or appeal concerns a service(s) set forth in the Individualized Written Rehabilitation Program (IWRP), the IWRP may be amended to include new or additional service(s) that are necessary and appropriate to the rehabilitation needs of the individual unless the new or additional service(s) relate directly to the issue under appeal. New or additional service(s) shall not be provided until a review or appeal is completed when the issue under appeal concerns a determination of ineligibility for services and/or ease closure.

9.104 ELIGIBILITY

9.104.1 Preliminary Assessment to Determine Eligibility and Vocational Rehabilitation Needs A preliminary assessment shall be conducted with each applicant to determine eligibility and his or her order of selection priority classification.

1. A. The preliminary assessment shall include sufficient information to establish the existence of a physical and/or mental impairment(s) which constitutes a disability as defined in 9.101.5; to identify the functional limitations and subsequent vocational impediment(s) arising from the impairment(s); to establish the individual's need for vocational rehabilitation services in order to obtain an employment outcome; and, to determine whether an individual is one with a most severe disability, one with a severe disability, or one whose disability is not severe.
2. B. The preliminary assessment shall make maximum use of existing information insofar as it provides sufficient data to make the determinations in 9.104.1, A. When additional information is necessary, appropriate specialty examinations shall be obtained.

9.104.2 Determination of Eligibility

The preliminary assessment will contain evidence of the following conditions for each individual determined eligible for vocational rehabilitation services:

1. A. the presence of a physical or mental impairment(s); and, B. that the impairment(s) constitutes or results in a substantial impediment to employment; and, C. that the individual needs vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment.

The length of time between application and eligibility shall not exceed sixty calendar days unless an extended evaluation is required or unless the counselor and applicant agree that exceptional circumstances beyond the agency's control preclude determining eligibility in sixty days.

9.104.3 Extended Evaluation

An individual may be provided services, including supported employment services, under extended evaluation when necessary to determine eligibility.

The maximum period of extended evaluation is eighteen (18) months, and only one period of extended evaluation may be provided in each case. Extended evaluation must conclude immediately when either eligibility or ineligibility can be determined.

9.104.4 Severity of Disability

The assessment for determining eligibility and vocational rehabilitation needs shall establish whether a person's disability is most severe, severe, or not severe.

1. A. An individual with a most severe disability is one:
   1. 1. who has a severe physical or mental impairment which seriously limits three or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and, 2. whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and, 3. who has one or more physical or mental impairments 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, muscolo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, endstage renal disease, or another impairment or combination of impairments determined on the basis of en assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitations.
2. B. An individual with a severe disability is one with a disability:
   1. 1. who has a severe physical or mental impairment which seriously limits one or two functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and, 2. whose vocational rehabilitation can be expected 1o require multiple vocational rehabilitation services over an extended period of time; and, 3. who has one or more physical or mental impairments 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, muscolo-skeletal 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 impairment or combination of impairments determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitations.
3. C. An individual who does not meet one of the criteria in 9.104.4, A, or 9.104.4, B, is an individual whose disability is not severe.

9.104.5 Supported Employment

In addition to the requirements stated in 9.104.1 - 9.104.3, the preliminary assessment to determine eligibility for supported employment must contain documentation that:

1. A. The individual is one with the most severe disability as defined in 9.104.4, A;
2. B. The individual has a history of non-competitive employment or interrupted or intermittent competitive employment; and, C. The individual is in need of on-going support services, including intensive supported employment services and extended services, in order to perform competitive work in an integrated setting.

9.105 ORDER OF SELECTION

9.105.1 Implementation

If it should be impossible to serve all eligible individual:;, the Manager of Rehabilitation Services will invoke, in writing, the implementation of an order of selection to govern the provision of services.

1. A. All individuals within a higher priority category for services shall be served before individuals in the next lower priority category are served.
2. B. When it is impossible to serve all individuals within a priority category, individuals shall be placed on a deferred services waiting list and served in chronological order based on the date of application.
3. C. In the event that an order of selection is rescinded, individuals on deferred waiting lists and in unserved categories will be contacted and served in chronological order based on the date of application.

9.105.2 Classification

A. At the time of eligibility determination, each client found eligible for vocational rehabilitation services will be classified by placement into one of the six following priority categories:

1. 1. Eligible individuals with the most severe disabilities whose impediments arose from impairments sustained in the line of duty while performing as a public safety officer and the immediate cause of such impairments was a criminal act, an apparent criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and administration of law or fire prevention, firefighting, or related public safety activities;
2. 2. All other eligible individuals with the most severe disabilities;
3. 3. Eligible individuals with severe disabilities whose impediments arose from impairments sustained in the line of duty while performing as a public safety officer and the immediate cause of such impairments was a criminal act, an apparent criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and administration of law or fire prevention, firefighting, or related public safety activities;
4. 4. All other eligible individuals with severe disabilities;
5. 5. All other eligible individuals whose impediments arose from impairments sustained in the line of duty while performing as a public safety officer and the immediate cause of such impairments was a criminal act, an apparent criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and administration of law or fire prevention, firefighting, or related public safety activities; or, 6. All other eligible individuals.

B. An individual shall be classified in the highest priority category for which he/she is determined qualified.

C. If a client's circumstances change or when it has been determined that a client has been misclassified while he or she is in a deferred status, the priority classification shall be changed accordingly.

9.105.3 Notification

A. Upon placement into a priority category, the client shall be notified in writing of his/her placement, which will include identification of his/her priority classification; the policies and procedures governing the availability of services, including his/her deferral status, when applicable; and, information concerning his/her rights to informal review and/or formal appeal in accordance with 9.103.2.

B. When an individual is reclassified into a higher or lower priority category, the individual shall be provided written notification of the change in accordance with 9.105.3, A.

9.105.4 Availability of Services

A. When it is determined that the agency cannot provide services to all individuals in a priority category, all eligible individuals in that category already receiving services under a comprehensive assessment to determine rehabilitation needs or an Individualized Written Rehabilitation Program shall continue to receive services.

B. All services shall be available to individuals receiving services under an order of selection insofar as they are necessary and appropriate to the individual's rehabilitation needs. All provisions of

1. 9.107.1 shall be applicable to individuals receiving services under an order of selection.

C. All policies governing the expenditure of agency funds, client financial participation, and use of comparable services and benefits contained in 9.108 are applicable to individuals receiving services under an order of selection.

9.106 INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM

9.106.1 Development

A plan of services, the Individualized Written Rehabilitation Program (IWRP), will be initiated and periodically updated for each eligible individual unless he or she is in a deferred status and for each individual being provided services under an extended evaluation.

1. A. A comprehensive assessment shall be conducted when additional information is necessary to determine the goal, objectives, nature, and scope of vocational rehabilitation services to be included in the IWRP. The comprehensive assessment shall focus on the individual's unique strengths, resources, priorities, interests, and rehabilitation needs.
2. B. The IWRP shall be amended to reflect any major change of service(s), at case closure, for the provision of post-employment services, and whenever else deemed appropriate by the counselor and client. The IWRP and amendments will be developed jointly and agreed upon by the counselor and the client and/or his or her authorized representative. The client shall be provided information concerning alternatives and be allowed to make informed choices among alternative vocational goals, intermediate objectives, services, service providers, and methods to procure and/or provide services, and provisions of the IWRP or any amendment other than the closure amendment will not take effect until signed by the client and/or his or her authorized representative. The client will be provided a copy of the IWRP and any amendments.

9.106.2 Coordination with Other Programs and Agencies

When services are being provided to an individual who is also: eligible for services under individualized plans established by other federal or state programs, the IWRP will be prepared in coordination with such programs.

9.106.3 Changes Initiated by Rehabilitation Services

Clients shall be notified immediately of any changes to the IWRP initiated by Rehabilitation Services. Adequate notification includes the proposed change, the basis for and the effective date of the proposed change, and the specific means for appealing the proposed change.

9.107 PROVISION OF VOCATIONAL REHABILITATION SERVICES

9.107.1 Introduction

Services are provided to applicants and clients to determine eligibility, to achieve identified vocational objectives, and to reach the rehabilitation goal. Services which are provided applicants and clients must be necessary and appropriate. A service is considered necessary only if it is essential to determine eligibility and severity of disability, establish rehabilitation needs, or to overcome or circumvent the vocational impediment(s) identified during the preliminary and comprehensive assessments and/or extended evaluation to determine eligibility and rehabilitation needs. Once an Individualized Written Rehabilitation Program (IWRP) has been developed, services shall be provided in the most integrated settings as outlined on the IWRP. Services necessary to achieve a supported employment outcome under Title VI-C are limited to eighteen (18) months unless the individual has made substantial progress toward attaining his or her weekly work goal and the IWRP reflects that a longer period of services is necessary to achieve job stabilization.

9.107.2 Services Available

A. Evaluation and diagnostic services are provided to determine eligibility, severity of disability, and the nature and scope of services needed.

B. Supplemental evaluations are provided for supported employment cases when necessary to reassess the particular intensive supported employment services needed or the suitability of a particular placement.

C. Counseling and guidance is provided as necessary throughout the client's program of services, including assisting the applicant or client secure services from other agencies or programs.

D. Physical and mental restoration services are provided to correct or substantially modify a physical or mental condition which is stable or slowly progressive.

1. 1. Prosthetic and orthotic devices, wheelchairs, physical therapy, and drugs must be medically prescribed.
2. 2. Neither experimental surgical procedures nor sex change surgery will be paid for by Rehabilitation Services.

E. Training services include vocational training; academic training; personal and vocational adjustment training; job coaching; on-the-job training; job seeking skills training; and books, tools, and other training materials.

1. 1. A “C” average or equally satisfactory performance must be maintained for each report period by clients enrolled in any training program. If not maintained, the counselor may approve continuation of the training program for one additional probationary report period. If satisfactory performance is not maintained during the probationary period, the counselor and client shall review the rehabilitation plan and develop a more suitable program of services.
2. 2. On-the-job training programs paying less than minimum wage will only be developed with employers who comply with the Department of Labor's certification process governing the payment of sub-minimum wage.

F. Maintenance covers additional costs of a client, incurred as a direct result of the individual's participation in the rehabilitation program, which are necessary to support and derive the full benefit of the other vocational rehabilitation services being provided.

1. 1. Maintenance may be provided at any time after vocational rehabilitation services have begun through the time when post-employment services are being provided.
2. 2. Maintenance payments are supportive to another service and shall not be provided alone or where transportation, personal assistance services, and/or services to family members are the only other service(s).

G. Transportation includes necessary travel and related expenses in connection with transporting applicants or clients and their attendants or escorts for the purpose of supporting and deriving the full benefit of the other vocational rehabilitation services being provided.

1. 1. Transportation may include subsistence during travel (or per diem payments in lieu of subsistence).
2. 2. Transportation is a supportive service to another rehabilitation service and shall not be provided alone or where maintenance, personal assistance services, and/or services to family members are the only other service(s).

H. Services to members of an applicant's or client's family are provided only when necessary to the vocational rehabilitation of the applicant or client. Such services are supportive and shall not be provided alone or where maintenance, personal assistance services, and/or transportation are the only other service(s).

I. Auxiliary aids, adaptive devices, telecommunications services and other specialized services are provided when necessary for the rehabilitation of an individual with severe handicaps, including interpreter services, note-taking services, reader services, rehabilitation teaching services and mobility services for individuals with impaired sensory, manual or speaking skills.

J. Personal assistance services are provided to assist an individual perform daily living activities on or away from the job site which he or she would typically perform if he or she did not have a disability.

1. 1. Personal assistance services may be provided whenever necessary at any time after the initiation of a preliminary assessment to determine eligibility.
2. 2. Personal assistance services are supportive service to another rehabilitation service and shall not be provided alone or where maintenance, transportation, and/or services to family members are the only other service(s).

K. Rehabilitation technology services include services necessary to meet the needs of and address the barriers encountered by an applicant or client in order to facilitate participation in his or her rehabilitation program.

L. Other goods and services are provided when necessary to determine vocational rehabilitation potential or to achieve the vocational goal of the client, including, but not limited to, occupational licenses and permits.

M. Placement services are provided when necessary to assist the client procure adequate and suitable employment.

N. Post-employment services are provided to previously rehabilitated clients when needed to enable them to maintain, regain, or advance in suitable employment.

9.108 UTILIZATION OF REHABILITATION FUNDS

9.108.1 Expenditure of Rehabilitation funds

A. Payment for Services Services which are provided clients must be at the least possible cost to Rehabilitation Services. All services shall be authorized prior to, or at the initiation of, the delivery of the service.

B. Fee Schedule Services must be authorized and payments approved in accordance with current agency fee schedules. Fees exceeding the established maximum may be authorized and paid only when the specific service is not available at the established rate or when the service available at the established rate is not adequate to meet the individual's rehabilitation needs.

C. Bid Process Purchase of items in excess of the amount established by the Division of Purchasing must be processed through the use of the State bid procedure. Prosthetic devices and prescription items other than wheelchairs may be purchased without use of the State bid process, regardless of cost. Wheelchair purchases roust conform to the State bidding process.

D. Purchase of Services from Community Rehabilitation Programs Services from Community Rehabilitation Programs will only be purchased from those programs which meet the 1993 standards set forth by the Commission on the Accreditation of Rehabilitation Facilities (CARF) or which have been deemed by the Manager of Rehabilitation Services or designee to meet commensurate standards for the specific service being purchased. The 1993 edition of the CARF Standards Manual for Organizations Serving People with Disabilities is available for purchase from the Commission of Accreditation of Rehabilitation Facilities, 101 N. Wilmot Road, Suite 500, Tucson, Arizona, 85711. A copy is maintained in the Office of the Manager, Rehabilitation Services, 1575 Sherman, 4th Floor, Denver, Colorado 80203. No amendments or later editions are incorporated.

E. Maintenance Payments Maintenance payments shall not exceed the estimated additional cost of subsistence for each individual and/or family unit incurred as a result of the individual's participation in the rehabilitation program. In no event shall the maintenance payment exceed the maximum amount authorized by the State Board of the Department of Social Services for the Old Age Pension.

F. Payment for Transportation Public transportation will be used whenever possible. When public transportation is not available, driving expenses for use of a personal automobile may be reimbursed at a rate not to exceed the cost of public transportation, or at a mileage rate not to exceed that established for reimbursement of automobile expenses to State employees.

G. Purchase of Technological Aids and Devices Purchase of telecommunications, sensory, and other technological or assistive aids and devices requiring individualized prescriptions and fittings is allowable only when the prescriptions and fittings are performed by individuals licensed or certified in accordance with State laws. Newly developed aids and devices not requiring individualized fittings will not be purchased unless they meet industry engineering and safety standards.

H. Use of Supported Employment (Title VI -C) Funds Supported employment funds may only be used for the development and implementation of rehabilitation programs for individuals with the most severe disabilities eligible for supported employment. Supported employment funds may not be used during the preliminary or comprehensive assessments to determine eligibility and vocational rehabilitation needs. Supplemental evaluations may only be used for the limited purposes identified in 9.107.2, B, subsequent to the initiation of the Individualized Written Rehabilitation Program.

I. Order of Selection During an order of selection, no agency funds shall be authorized or expended on any eligible individual on a deferred services waiting list or on any eligible individual when classification of the case puts it in a closed priority category.

J. State Property Items purchased for use by a client in a training program, trade or business remain the property of the State of Colorado.

1. 1. Issue of State Property. When such item(s) are issued to a client, written acknowledgment of receipt of the equipment, indicating State ownership, will be obtained from the client.
   1. 2. Recovery of State Property. State property will be recovered from clients upon termination of programs that do not result in successfully rehabilitated closures.
   2. 3. Re-Issue of State Property. Items recovered in accordance with this policy will be retained in the field office to be re-issued to other clients who may have need of such items.

9.108.2 Client Financial Participation

Services provided by Rehabilitation Services are based upon the economic need of the client. A determination of the individual's economic need shall be conducted prior to or at the time of IWRP development. Re-determinations of the individual's economic need shall be conducted at least annually and any other time that the client's financial circumstances change. All available monthly resources of the family unit shall be applied to the cost of rehabilitation services.

1. A. Data used to complete economic need determinations shall be established by the statement of the client and/or member of the client's family unit. Date and signature of the client and/or his or her authorized representative on the agency's financial need analysis document is required to demonstrate client participation.
2. B. The family unit consists of the client, the spouse of the client, any other individuals whom the client claims as a dependent for income tax purposes, and the parents of the client if the parents claim the client as a dependent for income tax purposes.
3. C. Economic need determinations will consider the after-tax income and net liquid resources as well as the allowable monthly deductions of the entire family unit. Standardized allowances for normal living costs are determined by the size of the family unit. These rates are established, in writing, by the Manager of Rehabilitation Services and are based on the level of available appropriations, the State's disabled population, and inflationary increases in the cost of services. Rates will be reviewed periodically and adjusted when needed.
4. D. The following services must be provided when necessary to an individual's rehabilitation without regard to the economic need of that individual:
   1. 1. Diagnostic services necessary to determine eligibility, severity of disability, and vocational rehabilitation needs, except for those services other than of a diagnostic nature which are provided under an extended evaluation;
   2. 2. Work experience training, job coaching and on-the-job training;
   3. 3. Counseling, guidance and referral; and, 4. Placement.

9.108.3 Comparable Services and Benefits

Full consideration and utilization must be made of any comparable services and benefits available to an applicant and/or client, or to members of that individual's family, under any program to meet, in whole or in part, the cost of any vocational rehabilitation service(s).

1. A. A determination of the availability of comparable services and benefits is not required if such a search would delay the provision of services to an individual who is at extreme medical risk or would jeopardize an immediate job placement. Extreme medical risk means a risk of substantially increasing functional impairment or risk of death if medical services are not provided expeditiously, and this must be determined by an appropriate licensed medical professional.
2. B. The following services are exempt from a mandatory search for comparable services and benefits:
   1. 1. Diagnostic services necessary to determine eligibility, severity of disability, and vocational rehabilitation needs;
   2. 2. Counseling, guidance and referral;
   3. 3. Vocational and other training services and materials which are not provided in institutions of higher education;
   4. 4. Rehabilitation technology services;
   5. 5. Placement; and, 6. Post-employment services when the services being provided are those stated in 1 - 5 above.

9.109 CASE CLOSURE

9.109.1 Case Closed Ineligible

When it has been determined, on the basis of clear evidence, that an applicant or client is ineligible for services, the case file shall be closed. An ineligibility decision due to the severity of the individual's impairment(s) shall only be made after the provision of appropriate services under an Individualized Written Rehabilitation Plan (IWRP). No ineligibility determination will be made without full prior consultation with the individual or, when appropriate, his or her authorized representative, or after giving clear opportunity for such consultation. The applicant or client will be provided written notification of the closure action. When an applicant or client of Rehabilitation Services is determined ineligible because it has been demonstrated that he or she cannot achieve an employment outcome, the ineligibility decision shall be reviewed with the individual annually unless the individual refuses it, the individual is no longer present in the state, the individual's whereabouts are unknown, or the individual's medial condition is rapidly progressive or terminal.

9.109.2 Case Closed Rehabilitated

A. A case may be closed as rehabilitated only when the following minimum criteria have been met:

1. 1. The individual has been provided an evaluation of vocational rehabilitation potential and has been determined eligible;
2. 2. The individual has been provided counseling and guidance as an essential rehabilitation service;
3. 3. The individual has been provided appropriate and substantial vocational rehabilitation services in accordance with the IWRP; and, 4. The individual is determined to have achieved and maintained suitable employment for a minimum of sixty (60) calendar days.

B. Involvement of the client and/or his or her authorized representative in the closure decision is required. He or she will receive written notification of the closure action, including the availability and purpose of post-employment services, his or her review and appeal rights, and the availability of the Client Assistance Program.

C. When closure involves placement of a client in extended, non-competitive employment in a rehabilitation facility or workshop, a review and re-evaluation of the individual's placement will be conducted, at least annually, to determine the suitability of the individual for competitive employment.

9.109.3 Other Reasons for Closure

When an applicant or client is unavailable to participate in his or her rehabilitation evaluation or program for an extended period of time, the case may be closed for the following reasons:

1. A. Cannot be located;
2. B. Moved from the state;
3. C. Institutionalized under circumstances which preclude rehabilitation;
4. D. Refused further services;
5. E. Death;
6. F. Transferred to another agency for vocational rehabilitation; or, G. Failure to cooperate.

When the applicant or client is a Social Security Disability Insurance (SSDI) beneficiary or a Supplemental Security Income (SSI) recipient, case closure due to failure to cooperate will be reported to the Social Security Administration; the client will be provided written notification of this action and of his or her rehabilitation review and appeal rights.

9.200 INDEPENDENT LIVING (IL) SERVICES

9.201 GENERAL PROVISIONS

The purpose of the program authorized by Title 26. Article 8.1, Colorado Revised Statutes, is to promote a philosophy of independent living (IL), including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, to maximize the leadership, empowerment, independence, and productivity of individuals with significant disabilities, and to promote and maximize the integration and full inclusion of individuals with significant disabilities into the mainstream of American society.

9.202 DEFINITIONS

Advocacy means supporting an individual in pleading his or her cause or speaking or writing in support of an individual To the extent permitted by state law or the rules of the agency before which an individual is appearing, a non-lawyer may engage in advocacy on behalf of another individual. Advocacy may involve representing an individual:

1. A. Before private entities or organizations, government agencies or in a court of law; or, B In negotiations or mediation, in formal or informal administrative proceedings before government agencies, or in legal proceedings in a court of law: and on behalf of single individuals in which case it is systems (systemic) advocacy or oneself in which case it is self advocacy.

Attendant care means a personal assistance service provided to an individual with significant disabilities in performing a variety of tasks required to meet essential personal needs in areas such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation. Colorado Independent Living Core Services (CILCS) Program provides financial assistance to centers to provide IL services, including IL core services. Subject to appropriations of state and federal funds being available, the Colorado Department of Human Services contracts with independent living centers for independent living services, including independent living core services. CILCS program means the Colorado Independent Living Core Services program defined in Section 9.240.1.

DVR means the Division of Vocational Rehabilitation EDGAR means the federal Education Department General Administrative Regulations found in 34 C.F.R. Parts 74. 75, 76. 77, 79, 80. 81, 82. 85 and 86. as of July 1. 1998. This rule does not contain any later editions of those Parts. Copies of these regulations are available from: Colorado Department of Human Services. Division of Vocational Rehabilitation, 110 - 16th Street, 2nd Floor, Denver, Colorado 80202, or at any State Publication Depository Library.

Executive Director means the Executive Director of the Colorado Department of Human Services. Federal Act means Title VII of the Federal Rehabilitation Act of 1973, as amended and codified in 29 U.S.C. 71 1(c) and Section 796.

Individual with a disability means an individual who:

1. A. Has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities;
2. B. Has a record of such an impairment; or, C. Is regarded as having such an impairment.

Individual with a Significant Disability means an individual:

1. A. With a severe physical, mental, cognitive, or sensory impairment;
2. B. Whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited; and, C. For whom the delivery of IL services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment.

Personal assistance services means a range of IL services (including, but not limited to Section 9.203, B, 1-21) provided by one or more persons, designed to assist an individual with a significant 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. These IL services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. Service Area means the community, county, or groups of counties a center serves. The State Plan must include a design for the establishment of a statewide network of centers that comply with the standards and assurances in Section 34 C.F.R. 364.25(A). The rule does not contain revisions occurring after July 1, 1 998, to the federal law This rule does not contain any later editions of this section. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 110 - 16th Street, 2nd Floor, Denver, Colorado 80202, or at any State Publication Depository Library.

SILC means Statewide Independent Living Council as defined in Section 34 C.F.R. 364.21 under the authority of 29 U.S.C. Section 796d, as of July 1, 1998. This rule does not contain any later editions of this Section. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 110 - 16th Street, 2nd Floor, Denver, Colorado 80202, or at any State Publication Depository Library.

State means the State of Colorado.

State IL program means the program of independent living services authorized in Title 26, Article 8.1, C.R.S.

9.203 SERVICES PROVIDED

A. Independent living services includes the independent living core services which consist of information and referral services, IL skills training, Peer counseling, (including cross-disability peer counseling), and individual and systems advocacy; and, B. Other services, such as:

1. 1. Counseling services, including psychological, psychotherapeutic, and relates services.
2. 2. Services related to securing housing or shelter, including services related to community group living, that are supportive of the purposes of the federal Ac. 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;
3. 3. Rehabilitation technology;
4. 4. Mobility training;
5. 5. Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services;
6. 6. Personal assistance services, including attendant care and the training of personnel providing these services:
7. 7. Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;
8. 8. Consumer information programs on rehabilitation and IL services available under the federal Act, especially for minorities and other individual with significant disabilities who have traditionally been unserved or underserved by programs under the federal Act;
9. 9. Education and training necessary for living in a community and participation in community activities;
10. 10. Supportes living;
11. 11. Transportation, including referral and assistance for transportation;
12. 12. Physical rehabilitation;
13. 13. Therapeutic treatment;
14. 14. Provision of needed prostheses and other appliances and devices;
15. 15. Individual and group social and recreational services;
16. 16. Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self- empowerment skills, and explore career options;
17. 17. Services for children;
18. 18. 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:
19. 19. Appropriate preventive services to decrease the need of individuals with significant disabilities assisted under the Federal Act for similar services in the future;
20. 20. Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities: and 21. Any other services that may be necessary to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment and that are not inconsistent with any other provisions of the Federal Act.

9.204 REQUIREMENTS FOR THE STATEWIDE INDEPENDENT LIVING COUNCIL (SILC)

A. The Statewide Independent Living Council (SILC) is the council established to meet the requirements of Section 705 of the Federal Act as defined in Section 9.202. The Governor appoints SILC members. The SILC shall be independent from the Colorado Department of Human Services and all other state agencies. Federal regulations contain the requirements for appointments, composition, qualifications, and duties of the SILC.

B. Actions by the SILC and the chairperson of the SILC shall comply with Colorado statutes and Colorado Department of Human Services regulations.

C. In carrying out its responsibilities to jointly develop and sign the State Independent Living Plan (State Plan) required by the federal law, the SILC shall cause the State Plan to clearly indicate any proposed actions or future modifications to the State Plan that require the adoption of rules by the State Board oi Human Services before those State Plan provisions may become effective.

9.205 FUNCTIONS AND RESPONSIBILITIES OF INDEPENDENT LIVING CENTERS

DVR delegates these functions and responsibilities for IL services to centers:

1. A. Processing of referrals and applications (see Section 9.213.2).
2. B. Determinations of eligibility or ineligibility (see Section 9 21 3.3).
3. C. Preparation of the consumer IL plans (see Section 9. 214.1).
4. D. Maintaining consumer records (see Section 9. 214.2).

9.206 CERTIFICATION OF CENTERS

9.207 APPLICATION PROCESS

An organization that intends to become an Independent Living Center must apply to the Director of the Division of Vocational Rehabilitation to become certified as a center. An organization that was certified as a center as of October 1, 1999 will continue to be certified through at least October 1, 2000. unless DVR initiates proceedings to terminate the organization's certification as a center.

9.208 REQUIREMENTS OF CERTIFICATION

The organization must comply with assurances in Section 9.217.2, the center evaluation standards in Section 9.220.1, and present evidence that it is in minimum compliance with the evaluation standards required by Section 9.220.3 of these rules. Prior to certifying an organization as a center. DVR may verify the accuracy of the information in the organization's annual performance report following the on-site verification procedures in Section 9.220.4. If DVR determines that the organization qualifies to operate as a center, DVR shall provide a written certification. DVR may certify an organization for up to thirty-six months from the date of the on-site verification.

9.209 CONTINUATION OF CERTIFICATION

For an organization that DVR previously certified to continue operating as a certified center, the organization must provide to DVR the information required by Section 9.220.3 which demonstrates the organization is in minimum compliance with center evaluation standards.

9.210 TERMINATION

For centers receiving funding through the CILCS program, DVR must follow the enforcement procedures in Sections 9.221 through 9.221.4. A decision to terminate funding will terminate the organization's certification as a center. For centers that do not receive funding through the CILCS. DVR must follow the enforcement procedures 11 Sections 9.221 through 9.221.3 except that the notices will specify that the significant adverse action against the center will be termination of the organization's designation as a center.

9.211 RIGHTS AND RESPONSIBILITIES OF CONSUMERS

9.212 ELIGIBILITY FOR SERVICES

A. Any individual with a significant disability as defined in Section 9.202 is eligible for IL services funded by DVR under the state IL Program.

B. Any individual may seek information about IL services under slate IL programs and request referral to other services and programs for individuals with significant disabilities, as appropriate.

C. The determination of an individual's eligibility for IL services must meet the requirements that centers must follow to determine and document eligibility and ineligibility (Section 9.213.3).

9.213 RESPONSIBILITIES OF CENTERS FOR PROVIDING IL SERVICES

9.213.1 Services Provided

A. A center must provide:

1. 1. Information and referral services to all individuals who request this type of assistance or services from the center in formats. accessible to the individual requesting these services; and, 2. As appropriate in response to requests from individuals with significant disabilities who are eligible for IL services from the center, the following services:
   1. a. IL skills training.
   2. b. Peer counseling (including cross-disability peer counseling).
   3. c. Individual and systems advocacy.
2. 3. In addition to the IL core services, a combination, as appropriate, of any two or more of the IL services defined in Section 9.202 (IL services provided).

B. The center board shall determine which additional services the center shall provide. The services shall be named in the three year plan required by Section 9.217.3.

9.213.2 Referrals and Applications

The center shall develop, establish, and maintain written standards and procedures to assure expeditious and equitable handling of referrals and applications for IL services from individuals with significant disabilities (see Section 9.205, “Functions and Responsibilities of IL Centers”).

9.213.3 Determination of Eligibility

A. Eligibility

1. 1. Before or at the same time as an applicant for IL services may begin receiving IL services funded by DVR under the state IL Program, the center shall determine the applicant's eligibility and maintain documentation that the applicant has met the basic requirements specified in Section 9.212.
2. 2. The documentation must be dated and signed by an appropriate staff member of the center. Centers must assure that they will apply eligibility requirements without regard to age, color, creed, gender, national origin race, religion, or type of significant disability of the individual applying for IL services.
3. 3. Centers must assure that they do not impose any state or local residence requirement that excludes any individual who is present in the state and who is otherwise eligible for IL services from receiving IL services.

B. Ineligibility

1. 1. If a determination is made that an applicant for IL services is not at individual with a significant disability, the center shall provide documentation of the ineligibility determination that is dated and signed by an appropriate staff member.
2. 2. The center may determine an applicant to be ineligible for IL services only after full consultation with the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, or after providing a clear opportunity for this consultation.
3. 3. The center shall notify the applicant in writing of the action taken and inform either the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's nights and the means by which the applicant may appeal the action taken (Section 9.215.1).
4. 4. The center shall provide a detailed explanation of the availability and purposes of the Client Assistance Program (CAP) established under Section 112 of the Federal Act, as defined in 34 C.F.R. 364.30 under the authority of 29 U.S.C. Sections 718a and 796c(m)(1) including information on how to contact the program, which do not include amendments to or editions of said regulations later than July 1. 1998. Copies of these regulations are available from. Colorado Department of Human Services, Division of Vocational Rehabilitation, 110 - 16th Street. 2nd Floor. Denver, Colorado 80202, or at any State Publication Depository Library.
5. 5. If appropriate, the center shall refer the applicant to other agencies and facilities, including Colorado's Vocational Rehabilitation Program under Section 9.100 of the Code of Colorado Regulations (12 CCR 2513-1).

C. Review of Ineligibility Determination.

1. 1. If an applicant for IL services has been found ineligible, the center shall review the applicant's ineligibility at least once within 12 months after the ineligibility determination has been made and whenever the center determines that the applicant's status has materially changed.
2. 2. The review need not be conducted in situations where the applicant has refused the review, the applicant is no longer present in Colorado, or the applicant's whereabouts are unknown.

9.213.4 Durational Limitation on independent Living Services

The center may not impose any uniform durational limitations on the provision of IL services.

9.214 DOCUMENTATION OF SERVICES

9.214.1 Requirements for an IL Plan

A. General

1. 1. The center, in collaboration with the individual with a significant disability, shall develop and periodically review an IL plan for the individual in accordance with these requirements and that is mutually agreed upon by:
   1. a An appropriate staff member of the service provider; and.
   2. b. The individual with a significant disability or, if the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.
2. 2. The requirements of this section with respect to an IL plan do not apply if the individual knowingly and voluntarily signs a waiver stating that an IL plan is unnecessary.
3. 3. Subject to paragraph b above, the service provider shall provide each IL service in accordance with the IL plan.

B. Initiation and Development of an IL Plan

1. 1. Development of an individual's IL plan must be initiated after documentation of eligibility (see Section 9.213.2) and must indicate the goals or objectives established, the services to be provided, and the anticipated duration of the service program and each component service.
2. 2. The IL plan must be developed jointly and signed by the appropriate staff member of the center and the individual with a significant disability or, if the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.
3. 3. A copy of the IL plan, and any amendments, must be provided in an accessible format to the individual with a significant disability or, if the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.

C. Review

1. 1. The IL plan must 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 the Vocational Rehabilitation (VR) program or to any other program of assistance.
2. 2. Each individual with a significant disability or, if the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative, must be given an opportunity to review the IL plan and if necessary, jointly redevelop and agree by signature to its terms.

D. Coordination with vocational rehabilitation, developmental disabilities, and special education programs. The development of the IL plan and the provision of IL services must be coordinated to the maximum extent possible with any individualized:

1. 1. Written rehabilitation program for VR services for that individual;
2. 2. Habilitation program for the individual prepared under the Developmental Disabilities Assistance and Bill of Rights Act; and, 3. Education program for the individual prepared under Pan B of the Individuals with Disabilities Education Act in accordance with 34 C.F.R. 364.53 under the authority of 29 U.S.C. 711(c) and 796(e) and (j), which do not include amendments to or editions of said regulations later than July 1,1998. Copies of these regulations are available from; Colorado Department of Human Services, Division of Vocational Rehabilitation, 110-16th Street, 2nd Floor. Denver, Colorado 80202, or at any State Publication Depository Library.

9.214.2 Maintenance of Records

A. The center shall develop, implement, and maintain written procedures for the centers consumer service records.

B. For each applicant for IL services (other than information and referral) and for each individual receiving IL services (other than information and referral), the center shall maintain a consumer service record that includes:

1. 1. Documentation concerning eligibility or ineligibility for services (see Section 9.213.3);
2. 2. The services requested by the consumer;
3. 3. Either the IL plan developed with the consumer or a waiver signed by the consumer slating that an IL plan is unnecessary (see Section 9.214.1);
4. 4. The services actually provided to the consumer (see Section 9.21 3. 1); and.
5. 5. The IL goals or objectives established with the consumer, whether or not in the consumers IL plan and those achieved by the consumer.

C. A consumer service record may be maintained either electronically or in written form, except that the IL plan and waiver must be in writing.

9.215 DISCONTINUATION OF SERVICES

A center shall discontinue IL services to an individual if the individual is no longer eligible to receive IL services An individual is no longer eligible to receive IL services when the delivery of IL services will no longer improve the individual's ability to function, continue functioning, or move toward functioning independently in the family or community. If the center intends to discontinue services to an individual receiving IL services under an IL plan or an individual receiving services after they waived their right to a plan, the center shall follow the requirements that apply to determinations of ineligibility and review of ineligibility determinations (see Section 9.213.3).

9.215.1 Appeal Procedures

Each center shall:

1. A. Establish policies and procedures that an individual may use to obtain review of decisions made by the center concerning the individual's request for IL services or the provision of IL services to the individual;
2. B. Use formats that are accessible to inform each individual who seeks or is receiving IL services from the center about the procedures required by the above paragraph;
3. C. Establish policies and procedures that require that the individual is notified of the Client Assistance Program (CAP) in accordance with Section 9.213.3:
   1. 1. The availability of the CAP;2. The purposes of the services provided under the CAP; and,3 How to contact the CAP
4. D. Establish a policy that the center shall continue services to the consumer while the decision is being reviewed, unless continuation of services is deemed harmful to the consumer or others.

9.216 ADMINISTRATIVE RESPONSIBILITIES OF CENTERS

9.216.1 Protection, Use, and Release of Personal Information

A. General Provisions A center will adopt and implement policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. These policies and procedures must assure that:

1. 1. Specific safeguards protect current and stored personal information 2. All applicants for, or recipients of, IL services and as appropriate, those individuals' legally authorized representatives, other service providers, cooperating agencies, and interested persons are informed of the confidentiality of personal information and the conditions for gaining access to and releasing this information;
   1. 3. All applicants or their legally authorized representatives are informed about the centers need to collect personal information and the policies governing its use, including:
      1. a. Identification of the authority under which information is collected;
      2. b. Explanation of the principal purposes for which the center intends to use or release the information;
      3. c. Explanation of whether providing requested information to the center is mandatory or voluntary and the effects to the individual of not providing requested information;
      4. d. Identification of those situations, including the situations specified in paragraph 4 below, in which the center requires or does not require informed written consent of the individual or his or her legally authorized representative before information nay be released; and, e. Identification of other agencies, including those programs and authorities specified in paragraphs C and 0 below, to which information is routinely released.
   2. 4. Persons who are unable to communicate in English or who rely on alternative modes of communication must be provided an explanation of center policies and procedures affecting personal information through methods that can be adequately understood by them;
   3. 5. At least the same protections are provided to individuals with significant disabilities as provided by state laws and regulations; and, 6. Access to records is governed by procedures established by the center and any fees charged for copies of records are reasonable and cover only extraordinary costs of duplication or making extensive searches.

B. Center Use All personal information in the possession of the center may be used only for the purposes directly connected with the provision of IL services and the administration of the IL program under which IL services are provided. Information containing identifiable personal information may not be shared with advisory or other bodies that do not have official responsibility for the provision of IL services or the administration of the IL program under which IL services are provided. In the provision of IL services or the administration of the IL program under which IL services are provided, the center may obtain personal information from other service providers and cooperating agencies under assurances that the information may not be further divulged, except as provided under paragraphs C and 0 below. Release to recipients of IL services:

1. 1. Except as provided in paragraphs C and D below, if requesting in writing by a recipient of IL services, the center shall release all information in that individual's record of services to the individual or the individual's legally authorized representative in a timely manner.
   1. 2. Medical, psychological, or other information that the center determines may be harmful to the individual may not be released directly to the individual, but must be provided through a qualified medical or psychological professional or the individual's legally authorized representative.
   2. 3. If personal information has been obtained from another agency or organization, it may be released only by, or under the conditions established by, the other agency or organization.

C. Release for Audit, Evaluation, and Research Personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research activities only for purposes directly connected with the administration of an IL program, or for purposes that would significantly improve the quality of life for individuals with significant disabilities and only if the organization, agency, or individual assures that:

1. 1. The information will be used only for the purposes for which it is being provided;
   1. 2. The information will be released only to persons officially connected with the audit, evaluation, or research;
   2. 3. The information will not be released to the involved individual;
   3. 4. The information will be managed in a manner to safeguard confidentiality; and, 5. The final product will not reveal any personally identifying information without the informed written consent of the involved individual or the individual's legally authorized representative.

D. Release to Other Programs or Authorities

1. 1. Upon receiving the informed written consent of the individual or if appropriate, the individual's legally authorized representative, the center may release personal information to another agency or organization for the letters program purposes only to the extent that the information may be released to the involved individual and only to the extent that the other agency or organization demonstrates that the information requested is necessary for the proper administration of its program.
2. 2. Medical or psychological information specified in Section 9.216.1 A, 3, b, may be released if the other agency or organization assures the center that the information will be used only for the purpose for which it is being provided and will not be further released to the individual.
3. 3. The center shall release personal information if required by federal laws or regulations.
4. 4. The center shall release personal information in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state laws or regulations, and in response to judicial order.
5. 5. The center also may release personal information to protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.

9.216.2 Staffing

A. The staff of the center must include personnel who are specialists in the development and provision of IL services.

B. To the maximum extent feasible, the center must make available personnel with the ability to communicate:

1. 1. With individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes, and who apply for or receive IL services; and.
2. 2. In the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services.

C. A center must take affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under Section 503 of the Federal Act as defined in 34 C.F.R. 364.31 under the authority of 29 U.S.C. Section 796c(m)(2), which do not include amendments to or editions of said regulations later than July 1, 1998. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 110-16th Street, 2nd Floor, Denver. Colorado 80202, or at any State Publication Depository Library.

D. Centers must establish and maintain a program of staff development for all classes of positions involved in providing IL services. The staff development program must emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy, as defined in Section 9.202 (Federal Act).

9.217 FUNDING FOR CENTERS, GENERAL PROVISIONS

9.217.1 Financial Assistance Under the CILCS Program

An organization is eligible to apply for financial assistance under the CILCS program if the entity is a center that has been certified- by DVR prior to October 1, 1999, in accordance with Section 9.208.

1. A. After October 1, 1999, and the center will provide IL services to people with significant disabilities residing in a county or counties that are unserved by any center certified prior to October 1, 1999; or, B. After October 1, 1999, and the center will provide IL services to people with significant disabilities residing in a county or counties that were previously served by a center that was certified prior to October 1, 1999 and, on or after October 1, 1999, became ineligible to receive financial assistance under the CILCS program.

9.217.2 Assurances to Receive Funding Under the CILCS Program

A. To be eligible for assistance under the CILCS program, an eligible agency shall provide satisfactory assurances that:

1. 1. The applicant is an eligible agency;
2. 2. The center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a board that is the principal governing body of the center and a majority of which must be composed of individuals with significant disabilities;
3. 3. The applicant will comply with the evaluation standards in Section 9.220.1;
4. 4. The applicant will establish clear priorities through:
   1. a. Annual and three-year program and financial planning objectives for the center, including a mission and overall goals for the center;
   2. b. A work plan for achieving the mission and goals, specific objectives, service priorities, and types of services to be provided; and, c. A description that demonstrates how the proposed activities of the applicant are consistent with the most recent three-year state IL plan as defined in Section
      1. 9.202 (Federal Act).
5. 5. The applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities.
6. 6. The CILCS applicant will ensure that the majority of the staff, and individuals in decision- making positions, of the applicant are individuals with disabilities;
7. 7. The applicant will practice sound fiscal management, including an annual independent fiscal audit and a review by the center board of monthly financial statements prepared by center staff;
8. 8. The applicant will conduct an annual self-evaluation, prepare an annual performance report, and maintain records adequate to measure performance with respect to the evaluation standards in Section 9.220.1. The annual performance report and the records of the center's performance must each contain information regarding, at a minimum:
   1. a. The extent to which the center is in compliance with the evaluation standards in Section 9.220.1;
   2. b. The number and types of individuals with significant disabilities receiving services through the center c. The types of services provided through the center and the number of individuals was significant disabilities receiving each type of service;
   3. d. The sources and amounts of funding for the operation of the center;
   4. e. The number of individuals with significant disabilities who are employed by, and the number who are in management and decision-making positions in, the center;
   5. f. The number of individuals from minority populations who are employed by, and the number who are in management and decision-making positions the center, and, g. A comparison, if appropriate, of the activities of the center in prior years with the activities of the center in most recent years.
   6. h. The period of the report shall be from October 1 to September 30. The report must be approved by the center's board and signed by the president of the board.
9. 9. Individuals with significant disabilities who are seeking or receiving services at the center will be notified by the center of the existence of the availability of, and how to contact the client assistance program:
10. 10. Aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Federal Act as defined in Section 9.202, especially minority groups and urban and rural populations;
11. 11. Staff at centers will receive training on how to serve unserved and underserved populations, including minority groups and urban and rural populations;
12. 12. The center will submit to the SILC a copy of its application for funding through the Colorado Independent Living Core Services program and the annual performance report required under paragraph 8, above;
13. 13. The center will prepare and submit to the Director of DVR, by December 31, the annual performance report that is required to be prepared pursuant to paragraph 8, above, and that contains the information described in paragraph 9, above; and.
14. 14. An IL plan as described in Section 9.214.1 will be developed for each individual who will receive services under this part unless the individual signs a waiver stating that an IL plan is unnecessary.

9.217.3 Application Requirements for Centers

To be eligible to receive funding under the CILCS program, a center shall submit:

1. A. An application at the time, in the manner, and containing the information that is required by Director of DVR;
2. B. An assurance that the eligible agency meets the requirements of Section 9.217.2; and, C. The assurances required by this section.

9.217.4 Housing Independence Program (HIP)

A. The Housing Independence Program enables eligible consumers to move to or maintain a housing arrangement that fosters independence. A portion of the funds allocated under the CILCS program is allocated for Housing Independence.

B. Centers that are allocated funds for Housing Independence must use those funds for the purpose and in a manner prescribed by these rules.

1. 1. The funds must be used to purchase services that lead to housing independence.
2. 2. The center's consumer-controlled board of directors must adopt policies and definitions about services that the center will provide to fulfill the purpose of the funding.
3. 3. The center must maintain documents that provide evidence of the board's action.
4. 4. Center board policies must require that the independent living plan or consumer service record specify the goal of the services that will be purchased and how the services would promote the consumer's housing independence.
5. 5. The center's accounting practices must assure that the center can identify the housing independence services that were purchased, the amounts of those services, and the consumers on whose behalf the services were purchased.

C. Housing independence services may include the following

1. 1. Services to secure housing that supports a philosophy of consumer control, peer support, self- help, and self- determination to maximize the housing independence of consumers.
2. 2. Adaptive housing services, including appropriate accommodations to and modifications of any space used to serve or to be occupied by consumers.
3. 3. Personal assistance services, including attendant care and the training of personnel providing these services.
4. 4. Education and training necessary for living in a community and participating in community activities.
5. 5. Supported living.

D. Notwithstanding the provisions of Section 9.219.2, a center may request reimbursement for housing independence by submitting a payment voucher that contains the type of service purchased, the cost to the center, and the consumer on whose behalf the service was purchased.

9.218 ALLOCATION OF FUNDS FOR THE COLORADO INDEPENDENT LIVING CORE SERVICES

1. (CILCS) PROGRAM

9.218.1 State Allocation

The State shall allocate funds to centers that participate in the CILCS program. Funds to be allocated include funds appropriated in the Appropriation Bill for Independent Living Services. The allocation represents the maximum amount of funds that a center may be reimbursed under the CILCS program.

9.218.2 Components of the Allocation for Each Center

The allocation for each center shall be based on two components:

A. Component 1: a fixed amount that is the same for each center.

B. Component 2: an amount that may vary for each center based on the four core services and the professional judgment of the SILC and the provider association. It is further the intent to provide the most support to centers who have the fewest resources to use for the provision of core independent living services.

9.218.3 Determining the Amount Allocated for Each Center

The amount allocated for each center for the State fiscal year is based on the amount of State General Funds and Federal funds available for disbursement during each year.

A. Component 1

1. 1. The amount that shall be allocated for Component 1 (see Section 9.218.2) shall equal the amount of State General Funds divided by the number of centers that apply for funding under the CILCS in accordance with Section 9.217.3. This amount will consist of the State General Fund for Independent Living to be divided equally among the number of centers that apply for funding under the CILCS program.
2. 2. If the total amount of funds to be allocated increases or decreases during a fiscal year, the following formula shall take place:
   1. a. An increase in the State General Fund for Independent Living for the CILCS program shall be distributed equally by the number of centers that apply for funding under the CILCS in accordance with Section 9.217.3.
   2. b. If the total amount of funds in the State General Fund for Independent Living for the CILCS program decreases, the amount to be allocated to each center that applies for funding shall be equal to the amount available for allocation divided by the number of centers that apply for funding.

B. Component 2 The amount to be allocated for Component 2 (see Section 9.218.2) shall be equal to funds allocated to the State of Colorado from the federal government under Part B of the Act. Each center that applies for funding under the CILCS program in accordance with Section 9.217.3 shall receive a level of additional support of funding based on the four core services and the professional judgment of the SILC and the provider association; and, it is further the intent to provide the most support to centers who have the fewest resources to use for the provision of core independent living services. The tiered system for allocation of funding is as follows:

1. 1. Tier I includes centers which will each receive 3.06% of the total amount available for Component 2 .
2. 2. Tier II includes centers which will each receive 9.89% of the total amount available for Component 2.
3. 3. Tier III includes centers which will each receive 13.58% of the total amount available for Component 2.
4. 4. If one or more centers do not apply for funding, the amount that would have been allocated to those centers shall be allocated to the centers in Tier group I, II, or III that applied for funding. Each center’s allocation shall be increased by an amount proportional to the percent for the center’s tier.

C. Direct Federal Funds Some centers receive funds directly from the Federal government under Part C of the Rehabilitation Act of 1973, as amended. The total amount allocated to Independent Living Centers in Colorado may increase from one Federal Fiscal Year to the next. The Federal government identifies the increases in two categories:

1. 1. A portion for a cost of living adjustment; and, 2. A portion for other than a cost of living adjustment.

D. Each Center for Independent Living (CILS) in the state is entitled to an equal share of an increase in the Part C funding after the cost of living allocations have been distributed to those centers that receive Part C funding, until such time that each center's base budget, consisting of State General Funds and Part C funds specifically allotted for the operational support of Centers for Independent Living in Colorado, is $250,000 for each center. The following allocation procedure shall apply:

1. 1. Effective October 1, 2005, there is no funding for the HIP program. This amount of $49,520.00 will be redistributed to those centers that are not receiving Part C funding.
2. 2. Should the redistribution of HIP funds not be sufficient to create an equitable distribution of funds to the centers not receiving Part C funds, then there will be a reduction of the Part B and State General Funds from each center that receives Part C funds until an equitable redistribution of Part C funds occurs for all the centers.

9.218.4 Effective Criteria

These rules governing the allocation of funds to centers shall remain in effect subject to the provisions of Section 9.218.5, C.

9.218.5 Independent Living Allocations Committee – Organization – Advisory Duties A. The State Independent Living Council, the provider association for certified centers for independent living services, and the Department of Human Services, Division of Vocational Rehabilitation, shall participate in an Independent Living Allocation Committee. The Chairperson of the State Independent Living Council shall make the appointment of two members who are advocates for individuals with disabilities and are not affiliated with independent living centers. The provider association for certified independent living services shall appoint two individuals and the Director of the Division of Vocational Rehabilitation will appoint two individuals. The total number of allocation committee members shall equal six, two from each group. After completing the task of developing an allocation committee, the Division of Vocational Rehabilitation will work with the partners to process proposed rules regarding the criteria for allocating funds from the State General Fund for Independent Living and Federal Part B funds. These rules will go back to the State Board of Human Services for approval.

B. The Independent Living Allocations Committee shall develop its own operating procedures.

C. If the allocation committee fails to recommend a distribution method, the current allocation formula in effect shall prevail and the rule shall continue (9.218) until a process of disbursement is approved by the State Board of Human Services.

D. All funding formulas submitted by the allocation committee shall be in compliance with State fiscal rules and regulations, current Federal and State laws and regulations, including annotations and footnotes in appropriations, and the State Plan for Independent Living.

9.219 FUNDING FOR CENTERS AND CENTER ADMINISTRATION OF FUNDS

9.219.1 Assistance Contracts

A. In order to provide financial assistance to centers under the CILCS program the Colorado Department of Human Services (CDHS) enters into an agreement called an assistance contract: An assistance contract is an instrument whose principal purpose is to transfer federal funds allotted to CDHS for IL service;; to a center to provide IL services. The assistance contract also transfers state funds appropriated to CDHS for IL services to a center to provide IL services. An assistance contract may take the form of a purchase order if the amount of assistance is less than $25,000.

B. Under the terms of the assistance contract or purchase order, CDHS reimburses centers based on the fixed dollar amount per consumer served per month. The fixed dollar amount is the same for all centers. This appropriation is based on available funds.

9.219.2 Reimbursement to Centers Under the CILCS Program

A. DVR reimburses centers once per month after a center submits a monthly payment voucher. DVR reimburses a center for eligible consumers served by the center. An eligible consumer is a person with a significant disability determined eligible by the center:

1. 1. Who was provided at least one independent living core services during the month; and, 2. Whose service was documented in the consumer's service record as having been provided during the month.

B. The rate of reimbursement is a fixed fee per month per eligible consumer. The reimbursement fee is independent of the number of times or the number of core services that the eligible consumer received during a month.

C. The monthly payment voucher submitted by a center must contain information that identifies each eligible consumer for whom reimbursement is requested The identifying information on the payment voucher is not required to contain information such as a consumer's name or social security number. A center may bill using a number that identifies the consumer to the center. This consumer-specific identifying information must be retained at the center and included in the consumer service record and be available to DVR staff will monitor the accuracy of the billing information by reviewing consumer service records at the center.

D. Reimbursement for the Housing Independence Program is obtained by submitting a payment voucher that contains the type of service purchased, the cost to the center, and the consumer on whose behalf the service was purchased.

9.219.3 Records

In addition to complying with applicable EDGAR record keeping requirements, centers that receive financial assistance from the CILCS program will maintain:

1. A. Records that fully disclose and document:
   1. 1. The amount and disposition by the center of that financial assistance:
   2. 2. The total cost of the IL services with which the financial assistance is given or used;
   3. 3. The amount of that portion of the cost of the IL services supplied by other sources; and, 4. Compliance with regulations pertaining to the CILCS program; and,
2. B. Other records that Director, Division of Vocational Rehabilitation or the Secretary of the federal Department of Education determines to be appropriate to facilitate an effective audit.
3. C. Access to Records For the purpose of conducting audits, examinations, compliance reviews and verification of information in the annual performance report, centers that receive financial assistance from the CILCS program will provide access to the Executive Director of CDHS, the Secretary of federal Department of Education, and the Comptroller General, or any of their duly authorized representatives, to these records, and.
   1. 1. Any other books, documents, papers, and records of the recipients that are pertinent to the financial assistance received to provide IL services: and, 2. All consumer service records for individuals served with funds received from the CILCS program, including names, addresses, photograph:;, and records of evaluation included in those consumer service records.
4. D. Centers shall retain records in accordance with the retention requirements specified in 34 C.F.R. 74.53, which do not include amendments to or editions of said regulations later than July 1, 1998. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 110 - 16th Street, 2nd Floor, Denver, Colorado 80202, or at any State Publication Depository Library.

9.219.4 Fiscal Accounting Requirements

In addition to complying with applicable EDGAR fiscal and accounting requirements centers that receive financial assistance from CDHS under the CILCS program will adopt those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for those funds.

9.220 EVALUATION OF CENTERS FOR INDEPENDENT LIVING

9.220.1 Evaluation Standards

To be eligible to receive funds under the CILCS program or part C. Title VII of the Federal Act an applicant must agree to comply with the following evaluation standards:

1. A. Evaluation Standard 1 -Philosophy The center shall promote and practice the IL philosophy of:
   1. 1. Consumer control of the center regarding decision making, service delivery, management, and establishment of the policy and direction of the center;
      1. 2. Self-help and self-advocacy;
      2. 3. Development of peer relationships and peer role models;
         1. a. Peer relationships mean relationships involving mutual support and assistance among individuals with significant disabilities, who are actively pursuing IL goals.
         2. b. Peer role models means individuals with significant disabilities whose achievements can serve as a positive example for other individuals with significant disabilities.
      3. 4. Equal access of individuals with significant disabilities to all of the center's services, programs, activities, resources, and facilities, whether publicly or privately funded, without regard to the type of significant disability of the individual; and, 5. Promoting equal access of individuals with significant disabilities to all services, programs, activities, resources, and facilities in society, whether public or private, and regardless of funding source, on the name basis that access is provided to other individuals with disabilities and to individuals without disabilities.
2. B. Evaluation Standard 2-Provision of Services
   1. 1. The center shall provide IL services to individuals with a range of significant disabilities.
   2. 2. The center shall provide IL services on a cross-disability basis (i.e., for individuals with all different types of significant disabilities, including individuals with significant disabilities who are members of populations that are unserved or underserved by programs under Title VII of the Federal Act).
   3. 3. The center shall determine eligibility for IL services. The center may not base eligibility on the presence of any one specific significant disability.
3. C. Evaluation Standard 3-independent Living Goals The center shall facilitate the development and achievement of IL goals selected by individuals with significant disabilities who seek assistance in the development and achievement of IL goals from the center.
4. D. Evaluation Standard 4-Community Options The center shall conduct activities to increase the availability and improve the quality of community options for IL to facilitate the development and achievement of IL goals by individuals with significant disabilities E. Evaluation Standard 5-lndependent Living Core Services The center shall provide IL core services and, as appropriate, a combination of any other IL services specified in Section 9.203.
5. F. Evaluation Standard 6-Activrties to Increase Community Capacity The center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with significant disabilities.
6. G. Evaluation Standard 7-Resource Development Activities The center shall conduct resource development activities to obtain funding from sources other than the CILCS Program and Part C of Title VII of the Federal Act, as defined in Section 9.202.

9.220.2 Compliance

Compliance indicators establish the activities that a center shall carry out to demonstrate minimum compliance with the evaluation standards in Section 9.220.1. If a center fails to satisfy any one of the indicators, the center is out of compliance with the evaluation stands

9.220.3 Evidence of Minimum Compliance

A. Compliance Indicator 1 - Philosophy

1. 1. Consumer Control
   1. a. The center shall provide evidence in its most recent annual performance report that:
      1. 1) Individuals with significant disabilities constitute more than 50 percent of the center's governing board: and.
      2. 2) Individuals with disabilities constitute more than SO percent of the centers:
         1. a) Employees in decision making positions; and, b) Employees in staff positions.
   2. b. A center may exclude personal assistants, readers, drivers, and interpreters employed by the center from the requirement in paragraph b) above.
   3. c. The determination that over 50 percent of a center's employees in decision making and staff positions are individuals with disabilities must be based on the total number of hours (excluding any overtime) for which employees are actually paid during the last six-month period covered by the center's most recent annual performance report. However, a center must include in this determination its employees who are on unpaid family or maternity leave during this six-month period.
2. 2. Self-Help and Self-Advocacy The center shall provide evidence in its most recent annual performance report that it promotes self-help and self-advocacy among individuals with significant disabilities (e.g., by conducting activities to train individuals with significant disabilities in self-advocacy).
3. 3. Development of Peer Relationships and Peer Role Models The center shall provide evidence in its most recent annual performance report that it promotes the development of peer relationships and peer role models among individuals with significant disabilities (e.g., by using individuals with significant disabilities who have achieved IL goals whether the goals were achieved independently or through assistance and services provided by a center as instructors, volunteer or paid, n its training programs or as peer counselors).
4. 4. Equal Access The center shall provide evidence in its most recent annual performance report that it:
   1. a. Ensures equal access of individuals with significant disabilities, including communication and physical access, to the center's services, programs, activities, resources, and facilities, whether publicly or privately funded. Equal access, for purposes of :his paragraph, means that the same access is provided to any individual with a significant disability regardless of the individual's type of significant disability.
      1. b. Advocates for and conducts activities that promote the equal access to all services, programs, activities, resources, and facilities in society, whether public or private, and regardless of funding source, for individuals with significant disabilities. Equal access, for purposes of this paragraph, means that the same access provided to individuals without disabilities is provided in the center's service area to individuals with significant disabilities.
5. 5. Alternative Formats To ensure that a center complies with Section 9.213.1 of the provision of services and for effective communication, a center shall make available in alternative formats, as appropriate, all of its written policies and materials and IL services.

B. Compliance Indicator 2 - Provision of Services on a Cross-Disability Basis. The center shall provide evidence in its most recent annual performance report that it provides:

1. 1. IL services to eligible individuals or groups of individuals without restrictions based on the particular type or types of significant disability of an individual or group of individuals, unless the restricted IL service (other than the IL core services) is unique to the significant disability of the individuals to be served;
   1. 2. IL services to individuals with a diversity of significant disabilities and individuals who are members of populations that are unserved or underserved by programs under Title VII of the Federal Act as defined in Section 9.202; and.
   2. 3. IL core services to individuals with significant disabilities in a manner that is neither targeted nor limited to a particular type of significant disability.

C. Compliance Indicator 3 - Independent Living Goals

1. 1. The center shall provide evidence in its most recent annual performance report that it:
   1. a. Maintains a consumer service record that meets the requirements of Section 9.214.2 for each consumer;
   2. b. Facilitates the development and achievement of IL goals selected by individuals with significant disabilities who request assistance from the center;
   3. c. Provides opportunities for consumers to express satisfaction with the center's services and policies in facilitating their achievement of IL goals and provides any results to its governing board and the SILC: and, d. Notifies all consumers of their right to develop or waive the development of an IL plan (ILP).
2. 2. The center shall provide evidence in its most recent annual performance report that the center maintains records on:
   1. a. The IL goals that consumers receiving services at the center- believe they have achieved;
   2. b. The number of ILPs developed by consumers receiving services at the center; and, c. The number of waivers signed by consumers receiving services at the center stating that an ILP is unnecessary.
   3. d. The number of consumers that appealed center actions pursuant to Section 9.215.1.

D. Compliance Indicator 4 - Community Options and Community Capacity The center shall provide evidence in its most recent annual performance report that, during the project year covered by the center's most recent annual performance report, the center promoted the increased availability and improved quality of community-based programs that serve individuals with significant disabilities and promoted the removal of any existing architectural, attitudinal communication, environmental, or other type of barrier that prevents the fur integration of these individuals into society. This evidence must demonstrate that the center performed at least one activity in each of the following categories:

1. 1. Community advocacy.
   1. 2. Technical assistance to the community on making services, programs, activities, resources, and facilities in society accessible to individuals with significant disabilities.
   2. 3. Public information and education.
   3. 4. Aggressive outreach to members of populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Federal Act in the centers service area.
   4. 5. Collaboration with service providers, other agencies, and organizations that could assist in improving the options available for individuals with significant disabilities to avail themselves of the services, programs, activities, resources, and facilities in the centers service area.

E. Compliance Indicator 5 - IL Core Services and Other IL Services The center shall provide evidence in its most recent annual performance report that it provides: 1 Information and referral services to all individuals who request this type of assistance or services from the center in formats accessible to the individual requesting these services; and,

1. 2. As appropriate in response to requests from individuals with significant disabilities who are eligible for IL services from the center, the following services:
   1. a. IL skills training, b. Peer counseling (including cross-disability peer counseling), c. Individual and systems advocacy.
      1. d. A combination, as appropriate, of any two or more of the IL services defined in Section 9.203 (IL services). The evidence shall include the number of individuals with significant disabilities that received services and the number of information and referral services that the center provided.

F. Compliance Indicator 6 - Resource Development Activities The center shall provide evidence in its most recent annual performance report that it has conducted resource development activities within the period covered by the performance report to obtain funding from sources other than the CILCS program and Part C of Title VII of the Federal Act as defined in Section 9.202 (Federal Act).

G. Some centers receive funding under Part C of Title VII of the Federal Act as defined in Section 9.202 (Federal Act) and are required to submit an annual performance report that the federal government uses to evaluate that a center compiles with evaluation standards. Those centers are not required to submit a separate annual performance report to DVR. DVR shall use information in the report required to be submitted to the federal government for purposes of evaluating minimal compliance with the evaluation standards required by these rules.

9.220.4 Verification of Information

A. DVR verifies the accuracy of the information in the center's annual performance report through information obtained by a verification team during an onsite review in locations that a center operates. The DVR Verification Team will consist of DVR staff and other persons, including members of the SILC, designated by the Director of the DVR. A Verification Team will evaluate a center at least once every thirty-six months.

B. The DVR Verification Team will notify the center at least ten working days prior to the verification team's onsite evaluation. DVR reserves the right to monitor all or pan of the compliance indicators.

C. DVR may conduct additional on site evaluation visits, without prior notification, if the Director of DVR has reason to believe that a center may not be in minimal compliance with the evaluation standards.

D. Minimal compliance means that the center provides at least one type of evidence for each compliance indicator. The DVR Verification Team obtains evidence to verify the accuracy of the information in the annual performance report and establish minimal compliance with the evaluation standards. Evidence includes the following documents or information:

1. 1. For Compliance Indicator 1 - Philosophy
   1. a. Consumer control:
      1. Independent Living Center board composition and employees:
         1. 1) The board president shall make available to the Verification Team a list of every board member; the list shall indicate which board members are those with significant disabilities and who are minorities.
         2. 2) The board president shall make available to the Verification Team a list of every staff member. The list shall indicate which staff members are individuals with disabilities, which are minorities, and which are in decision making positions. The list shall contain sufficient information to measure compliance with all staffing related requirements.
   2. b. Input from community:
      1. The board president shall make available to the Verification Team written documentation describing how the center gathers input from the community and/or consumers. Written documentation may include focus group data, surveys, input from support groups, steering committees, minutes from meetings, or equivalent information.
   3. c. Determining service delivery policy including what services the center provides: The board president shall make available to the Verification Team written documentation that may include minutes from board meetings, etc.
   4. d. Directing center staff:
      1. The board president shall make available to the Verification Team written documentation that may include minutes from board meetings, policy and procedures, etc.
   5. e. Decision making process, The board president shall make available to the Verification Team written documentation that shows the role of the board in making decisions. This may include minutes from board meetings, policy and procedures, etc.
   6. f. Financial management:
      1. The board president shall make available to the Verification Team written documentation that the center board routinely reviews the actual and projected expenditures and revenues for the center, verifies that necessary taxes have been paid, and reviews the results of the required financial audit by an independent auditor.
   7. g. Self-help and self-advocacy:
      1. The board president shall make available to the Verification Team documentation of self-help and self-advocacy. This may include testimonials of consumers, newspapers articles, training's, activities of advocacy groups, actions, videotapes, etc.

      h Development of peer relationships and peer role models: The center Director shall make available to the Verification Team documentation of the successful development of peer relationships and peer role models. This may include evidence of activities conducted by the center such as a schedule for peer counseling, testimonials of consumers, group activities, classes, newspaper articles, volunteer instructors, etc.

   8. i. Equal access:
      1. 1) To the center's services, programs, activities, resources, and facilities:
         1. a) The center Director shall make available to the Verification Team documentation of equal access for individuals with significant disabilities to center activities. This may include documentation of center policies about the availability of interpreters, payment for interpreter services, evidence of the availability of alternative communication devices, evidence of the ability to communicate to consumers in a dialect other than English, use of a communication board, evidence of the availability to use Colorado Relay Service, TDD, distance to local bus service, etc.
         2. b) Physically accessibility will be determined through direct observation by the team.
         3. c) Evidence of access by individuals with a variety of significant disabilities will be evaluated by reviewing consumer service records, records of ineligibility for services, and complaints received by CAP or DVR.
      2. 2) To all services, programs, activities, resources, and facilities in society: The center Director shall make available to the Verification Team documentation that the center advocates for and conducts activities that promote :he equal access to services, programs, activities, resources, and facilities in society for individuals with significant disabilities. This may include testimonials of consumers, newspapers articles, training's, activities of advocacy groups, ADA training, work with local Chambers of Commerce, training for community agencies, letter to newspaper editors, letter to community agencies, etc.
   9. j. Alternative formats:
      1. The board president and the Director shall make available to the Verification Team documentation that the center has available in alternative formats all of its written policies, materials and to services. This may include evidence of the availability to produce information in Braille, low vision enhancements, dialects other than English, communication devices, interpreters, etc.
2. 2. For Compliance Indicator 2 - Provision of Services on a Cross-Disability Basis
   1. a. The board president and the Director shall make available to the Verification Team documentation that the center provides ID services to eligible individuals or groups of individuals without restrictions of types of disabilities.
   2. b. The board president and the director shall make available to the Verification Team documentation that the center provides ID services to individuals with a diversity of significant disabilities, and individuals who are members of a population that are unserved or underserved.
   3. c. The board president and the Director shall make available to the Verification Team documentation that the center provides ID core services to individuals with significant disabilities in a manner that is neither targeted nor limited to a particular type of disability.
   4. d. The Verification Team will depend on evidence from a consumer data base, evidence of the availability to produce information in Braille, low vision enhancements, dialects other than English, communication devices, outreach to unserved or underserved populations, etc. Evidence from Equal Access under Compliance Indicator 1 may be used.
3. 3. For Compliance Indicator 3 - Independent Living Goals
   1. a. The Verification Team will review at least 25 randomly selected Consumer Service Records to determine if the records satisfy the requirements of Section 9.214.2 and demonstrate that center
      1. 1) Facilitated the development and achievement of ID. goals.
      2. 2) Provided opportunities for consumers to express satisfaction with the center's services and policies.
      3. 3) Notified consumers of their right to develop or waive the development of an ID plan (ILP).
   2. b. The Verification Team may select additional consumer service records for review.
   3. c. The Verification Team may verify the accuracy of the numbers reported by the center in their annual performance report.
4. 4. For Compliance Indicator 4 - Community Options and Community Capacity
   1. a. The board president and the Director shall make available to the Verification Team documentation that includes people who may be interviewed by Verification Team members, testimonials from consumers and organizations, handouts used for presentations, newspaper articles, letters received from other agencies, a calendar of activities by board members and the center director, etc. The evidence must demonstrated that the center performed at least one activity that:
      1. 1) Promoted community advocacy.
      2. 2) Provided technical assistance to the community.
      3. 3) Provided public information and education, aggressively reached out to unserved or underserved population;; and, 4) Collaborated with service providers, other agencies and organizations. This may include evidence from a center attempting to increase the availability of services that do not exist and improving the quality of services that already exist.
5. 5. For Compliance Indicator 5 - IL Core Services and Other IL Services
   1. a. Information and referral services:
      1. The center Director snail make available to the Verification Team documentation that the center provides information and referral services. The Verification Team will determine if the center adheres to the center's policy for documenting information and referral services. Documentation may include forms, logs of telephone calls, etc.,
   2. b. Other IL core services:
      1. The center Director shall make available to the Verification Team documentation that the center provides the other IL care services. Documentation includes brochures that describe the services offered by the center, board minutes that establish policies, etc. The Verification Team will use the information from the Consumer Service Records reviewed under Compliance Indicator 3.
   3. c. Other IL services:
      1. The center Director shall make available to the Verification Team documentation that the center provides at least two other IL services. Documentation includes brochures that describe the services offered by the center, board minutes that establish policies, etc. The Verification Team will use the information from the Consumer Service Records reviewed under Compliance Indicator 3.
6. 6. Compliance Indicator 6 - Resource Development Activities
   1. a. The board president shall make available to the Verification Team written documentation to provide evidence that the center has obtained resources as a result of required resource development activities. Written documentation includes the center's financial report that shows the amounts from other sources, evidence that the financial report has been independently audited, and the center's current and projected expenditures and revenues.
   2. b. The board president shall make available to the Verification Team written documentation to provide evidence that the center has conducted required resource development activities. Written documentation includes applications for funding, letters or brochures related to fundraising efforts, and documents from current funding sources.

9.221 EVALUATION OF CENTERS: ENFORCEMENT PROCEEDINGS

A. If the Executive Director determines that any center receiving funds under the CILCS program is not in compliance with the standards and assurances in Sections 9.220.1 and 9.202 (CILCS). the Executive Director shall immediately provide the president of the center's board of directors and the center's chief executive officer, by certified mail, return receipt requested, or other means that provide proof of receipt, with an initial written notice that the center is out of compliance with the standards and assurances and that the Executive Director will terminate the centers funds or take other adverse action against the center 90 calendar days after the centers receipt of this initial written notice. The Executive Director shall provide technical assistance to the center to develop a corrective action plan to comply with the standards and assurances.

B. Unless the center submits, within 90 calendar days after receiving the notification required by Section 9.221, A. a corrective action plan to achieve compliance that is approved by the Executive Director. The Executive Director shall cause the termination all funds under the CILCS program 90 calendar days after the date that the center receives the initial written notice required by Section 9.221, A.

9.221.1 Initial Written Notice

The initial written notice must:

1. A. Include, at a minimum, the following:
   1. 1. The name of the center.
   2. 2. The reason or reasons for proposing the termination of funds or other significant adverse action against the center, including any evidence that the center has failed to comply with any of the evaluation standards or assurances in Sections
      1. 9.220.1 and 9.202 (CILCS).
   3. 3. The effective date of the proposed termination of funds or other significant adverse action against the center;
2. B. Be given 90 calendar days in advance of the date the Executive Director intends to terminate a center's funds or take any other significant adverse action against the center and, C. Inform the center that it has 90 calendar days from the date the center receives the notice to submit a corrective action plan.

9.221.2 Final Written Decision

A. If the center submits a corrective action plan in accordance Section 9.221 the Executive Director shall provide to the center, not later than the 120th day after the center receives the Executive Director's initial written notice, a final written decision approving or disapproving the center's corrective action plan and informing the center, if appropriate, of the termination of the center's funds or any other proposed significant adverse action against the center.

B. The Executive Director shall send the final written decision to the president of the centers board of director and the center's chief executive officer by registered or certified mail, return receipt requested, or other means that provide a record that the center received the Executive Director's final written decision.

C. An Executive Director's final written decision to terminate funds or take any other adverse action against a center may not take effect until 30 calendar days after the date that the center receives it.

D. The Executive Director's final written decision to disapprove a center's corrective action plan must:

1. 1. Address any response from the center to the Executive Director's initial written notice to terminate funds or take other significant adverse action against the center:
2. 2. include a statement of the reasons why the Executive Director could not approve the corrective action plan.

9.221.3 Modification of Enforcement Proceedings

If the funds received by the center under the CILCS program include federal funds administered by CDHS in accordance with Section 723 Title VII of the Federal Act, as defined in Section 9.202, the enforcement procedures required by 34 C.F.R. 366.40 through 366.46 under the authority of 29 U.S.C. Section 71l(c) and 796F-2(g) and 796f-2(i), as defined in Section 9.202. will be included in enforcement proceedings with respect to the Section 723 federal funds only, as defined in Section 9.202 (Federal Act).

9.400 PURPOSE AND DEFINITIONS

9.400.1 Purpose.

The purpose of the Business Enterprise Program is to provide an opportunity for blind persons to become self-employed in business locations which are established and monitored by the State Licensing Agency in accordance with 34 CFR Part 395 (1989).

9.400.2 Definitions

A. Business enterprise shall mean the same as vending facility as defined in 34 CFR 395. 1(x)(1989).

B. Certified blind operator shall mean a blind person who has successfully completed the formal Business Enterprise Program training course and has been certified to operate a business enterprise in a training status pursuant to licensure.

C. Direct competition shall mean the presence and operation of a vending machine or another business which is on the same premises or in close proximity to a business enterprise, especially if it vends or sells anything normally sold by a business enterprise, and if it is so located that it attracts customers who would otherwise patronize the business enterprise.

D. Operate a vending facility shall mean to manage a business enterprise on federal, state or other property. Operate and manage shall be used Interchangeably.

E. Operator/Manager shall mean a blind licensee or potential licensee in a training status who manages a business enterprise on Federal, State or other property. Blind operator, blind vendor and blind manager shall be used interchangeably.

F. State Licensing Agency shall mean the Business Enterprise Program, Rehabilitation Services, which administers the Program and issues licenses to blind persons for the operation of business enterprises on Federal, State or other property.

G. Vending machine shall mean, for the purpose of assigning vending machine income, a coin or currency operated machine which dispenses articles or provides recreational or other services.

H. Vending machine income shall mean receipts, other than those of a blind operator, from vending machines operated on Federal, State or other property, after deduction of the cost of goods sold, including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns, where the machines are operated, serviced, or maintained by or with the approval of a department, agency, or instrumentality of the United States or the State of Colorado; or commissions paid, other than to a blind operator, by a commercial vending concern which operates, services, and maintains vending machines on Federal, State or other property, for, or with the approval of a department, agency, or instrumentality of the United States or State of Colorado.

I. The following terms shall mean the same as defined in 34 CFR 395.1 (1989).

1. 1. B1ind licensee 2. Blind person 3. License 4. Management Services 5. Net proceeds 6. Set-aside

9.401 ELIGIBILITY

9.401.1In selecting persons to be operators of the business enterprises, preference shall be given to persons who are in need of employment and who have been determined to be:

1. A. Blind as defined in 34 CFR 395.1 (c)(1989);
2. B. Citizens of the United States;
3. C. Graduates of the Business Enterprise Program training course provided by the Business Enterprise Program; and, D. Deemed by the State Licensing Agency as qualified to operate a business enterprise, either as a certified operator in a training status or as a licensed operator.

9.402 LICENSURE OF OPERATORS

9.402.1 Issuance of Operators' Licenses.

Licenses shall be issued only to operators who meet all eligibility requirements and who have successfully managed a location or locations within all the rules and guidelines of the program for twelve full months. Licenses shall be issued to such blind individuals for an indefinite period of time. Operators not determined by the State unit to have demonstrated successful performance during the twelve month training period may be continued in a training status until licensure is earned or may be terminated from the program in accordance with the results of an evaluation conducted by the State licensing agency.

9.402.2 Termination of a License.

Any license issued to a blind person for the operation of a business enterprise may be terminated when:

1. A. After affording the operator an opportunity for a full evidentiary hearing, the State Licensing Agency finds that the business enterprise is not being operated in accordance with the rules and regulations, the terms and conditions governing the agreement, contract or Federal permit for the particular location, or the written agreement with the operator;
2. B. There 1s improvement of vision so that the operator no longer meets the definition of blindness In 34 CFR 395. He) (1989);
3. C. There is an extended illness with medically-documented diagnosis of prolonged incapacity of the operator to operate the business enterprise in a manner consistent with the needs of the location or other available locations in the Business Enterprise Program;
4. D. The operator withdraws from the program by written notification to the State Licensing Agency; or E. The operator fails to appear and manage or arrange for management of the location for three consecutive days without notification to the State Licensing Agency.

9.403 ELECTION, ORGANIZATION, AND FUNCTIONS OF A COMMITTEE OF BLIND OPERATORS

9.403.1 Committee of Blind Operators.

The State Licensing Agency shall provide for an annual election among the blind operators to establish a committee which will be representative of operators in all areas of the state. Members snail be elected to serve a two year term. The election shall be to replace or re-elect those members who have served for two years.

9.403.2 Purpose.

A committee of blind operators shall:

1. A. Actively participate with the State Licensing Agency in major administrative decisions and in the development of policies and written guidelines affecting the overall administration of the Business Enterprise Program, as well as have the opportunity to initiate matters for consideration by the State Licensing Agency and to make substantial contributions to the Business Enterprise Program with its views and positions taken into careful account by the State Licensing Agency;
2. B. Receive and transmit grievances of blind operators to the State Licensing Agency and advocate for such operators in connection with the grievances, as appropriate;
3. C. Actively participate with the State Licensing Agency in the development of training and retraining programs for blind operators;
4. D. Actively participate with the State Licensing Agency in the development of written guidelines for and the administration of a State system for the relocation and the promotion of blind operators; and E. Sponsor, with the assistance of the State Licensing Agency, meetings and instructional conferences for blind operators.

9.403.3 The State Licensing Agency Responsibility

The State Licensing Agency shall have the ultimate responsibility for the Business Enterprise Program, and if the State Licensing Agency does not adopt the views of the Committee of Blind Operators, it shall notify the Committee in writing of the decision reached or the action taken and the reasons therefor.

9.404 SET-ASIDE FUND

9.404.1 Purpose.

The State Licensing Agency shall, each month, set aside a reasonable amount of funds from the net proceeds of the operation of the business enterprise, and from retained vending machine income given to an individual operator. The funds set aside are only for the purposes of:

1. A. Maintenance and replacement of equipment;
2. B. Purchase of new equipment;
3. C. Management services;
4. D. Assuring a fair minimum return to operators; and E. The establishment and maintenance of retirement or pension funds, health insurance contributions, and provisions for paid sick leave and vacation time, if it is so determined by a majority vote of the blind operators licensed by the Business Enterprise Program, after the State Licensing Agency provides to each operator information on all matters relevant to such proposed purposes.

9.404.2 Schedule.

With the participation of a committee of blind operators, the State Licensing Agency shall establish a set- aside schedule to allow for the continuing growth of the Business Enterprise Program as stated above. This schedule will not include a greater charge for any purpose than is reasonably required, with allowances for the retention of reasonable reserves necessary to assure that each such purpose can be provided on a continuing basis. Any change in the set-aside schedule shall be submitted to the Commissioner of Rehabilitation Services Administration of the Federal Department of Education for approval before being put into effect. The schedule for set-aside charges for each operator, based on net monthly proceeds, is one percent per hundred dollars of net income accumulating to no more than thirteen percent. This percent will be carried out to four decimal places.

9.405 VENDING MACHINE INCOME

9.405.1 Policy and Procedures.

A. Vending machine income from vending machines on Federal, State, or other property, which has been disbursed to the State Licensing Agency by a property managing department, agency, or instrumentality under the vending machine income sharing provisions in 34 CFR 395.32 (1989) and 26-8.5-104, CRS (1982), shall accrue to each blind operator of a business enterprise on such Federal, State, or other property. At no time may the income accruing to an operator from vending machines which are not an integral part of his or her business enterprise be more than the average income of the total number of blind operators in Colorado, as determined each fiscal year on the basis of each prior year's operation, except that vending machine income will not accrue to any blind operator in any amount exceeding the average net income of the total number of blind operators in the United States.

B. No limitation will be imposed on income from vending machines which have been combined to create, or are part of, a business enterprise when such location is maintained, serviced or operated by a blind operator.

C. The State Licensing Agency will retain vending machine income disbursed by a property managing department, agency or instrumentality of the United States, and any other State, public, or private income from vending machines in excess of the amounts eligible to accrue to individual blind operators in Colorado.

D. The State Licensing Agency will disburse vending machine income to blind operators on no less than a quarterly basis.

E. The vending machine income retained by the State Licensing Agency will be used solely for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provisions of paid sick leave and vacation time for blind operators, if it is so determined by a majority of the licensed operators, after each operator has been furnished information on all matters relevant to such purposes. Any assessment charged to blind operators will be deducted pro-rata in an amount equal to the total of such remaining vending machine income.

F. The State Licensing Agency, in agreement with the Committee of Blind Operators, will have the right to negotiate with other State agencies regarding the sharing of commission proceeds from vending machines on State property, in accordance with 26-8.5-104, CRS (1982).

9.406 OPERATORS' BENEFITS AND AGREEMENTS

9.406.1 After payment of operating costs and set-aside charges from net proceeds, the remaining net income shall accrue to the operator of each business enterprise.

9.406.2 Each operator shall be committed by written agreement to comply with rules and regulations governing the Business Enterprise Program for the Blind, as adopted by the State Board of the Department of Social Services, and also to comply with the Business Enterprise Program guidelines, and all terms and conditions of any agreement, contract, and/or Federal permit by which the State Licensing Agency has obtained the particular location.

9.406.3 An operator shall be transferred from his assigned location only when the transfer will directly benefit the operator or will be in the best interest of the Business Enterprise Program, giving preference to the operator having demonstrated the most ability in management of a business enterprise. If there should be two or more operators with equal qualifications, then the operator with the greater amount of seniority shall be awarded the location.

9.407 ACCESS TO PROGRAM AND FINANCIAL INFORMATION

9.407.1 Each operator shall be permitted access to all financial data of the State Licensing Agency relevant to the operation of the Business Enterprise Program in accordance with 34 CFR 395.12 (1989).

9.408 OPERATOR INDEBTEDNESS TO THE BUSINESS ENTERPRISE PROGRAM

9.408.1 A present or past operator's indebtedness to the Business Enterprise Program, which becomes past due, shall include any and all collection charges, attorney fees, court costs and all expenditures directly or indirectly incurred due to that debt.

9.409 EQUIPMENT AND INITIAL MERCHANDISE INVENTORY

9.409.1 Furnishing Equipment and Initial Merchandise Inventory.

A. The State Licensing Agency will furnish an adequate initial stock of merchandise for resale, and other related inventory items for the successful operation of the business enterprise.

B. The State Licensing Agency shall purchase or cause to be furnished suitable equipment, utensils, and supplies, and shall provide for the maintenance and repair of such equipment for each particular business enterprise. The State Licensing Agency shall replace (or cause to be replaced) worn-out or obsolete equipment as required to assure the continued successful operation of the business enterprise.

C. The manager shall be responsible for routine day to day care of the equipment.

9.409.2 Right, Title to, and Interest in Business Enterprise Equipment and Merchandise Inventory. The right, title to, and interest in all business enterprise equipment shall be held by the Business Enterprise Program of the State of Colorado with the exception of operator ownership per paragraph B. The State Licensing Agency shall also retain an equity in the merchandise inventory of each business enterprise equal to the value of the merchandise inventory initially furnished by the State Licensing Agency.

9.410 TRAINING PROGRAM

9.410.1 A training program shall be afforded to prospective blind operators to qualify them to operate a business enterprise in accordance with accepted business practices. Furthermore, additional training or retraining for improving management abilities for all blind operators shall be provided by the State Licensing Agency with the cooperation of Rehabilitation Services in accordance with 34 CFR 395.11 (1989).

9.411 REVIEWS AND HEARINGS FOR LICENSED OPERATORS

9.411.1 Process for Administrative Reviews

A. Informal Review. Any licensed operator who is dissatisfied with any action taken by the State unit, which directly or indirectly affects the operator's status as an operator of a business enterprise as administered and supervised by the Business Enterprise Program, and as governed by the rules and regulations of that program, may seek informal review of that action with the Business Enterprise Program Manager.

B. Formal Review. If a problem remains unresolved after an informal review or if an aggrieved operator wishes to by-pass the informal review, he/she may seek a formal review of the action by the Director, Division of Support Services, or designee. This request must be submitted, in writing, within fifteen (15) work days of the disputed action taken by the State unit. The Director of Support Services, or designee, will conduct a conference(s) with the operator within fifteen (15) work days of receipt of the written request unless the aggrieved operator requests or agrees to an extension of time. A written decision will be rendered with fifteen (15) work days of the completion of the conference(s).

1. If the operator is dissatisfied with the decision of the Director of Support Services, or designee, he/she may request in writing, a formal review by the Manager of Rehabilitation Services within fifteen (15) work days of the adverse decision. The Manager of Rehabilitation Services shall conduct necessary conference(s) with the operator within fifteen (15) work days of receipt of the written request unless the operator agrees to an extension of time. The Manager will render a written decision within fifteen (15) work days of the completion of the conference(s).
   1. 1. Formal reviews shall be held during regular agency work hours at times and district office locations convenient to the blind operator requesting such a review.
   2. 2. Documentation as to written requests for formal reviews and decisions resulting there from shall be maintained as part of the official record of the formal review process.
   3. 3. The decision(s) reached at each level of the formal review process shall be communicated to the operator by certified mail. Notification shall include information of the operator's right to seek further review.
   4. 4. Function of a committee of blind operators.The aggrieved operator may request assistance and advocacy from a committee of blind operators during the formal review process. This request must be submitted to the committee, in writing, within fifteen (15) work days of the disputed action taken by the State unit. The committee shall meet and discuss the complaint of the aggrieved operator.
      1. a. If the majority of the committee members vote to act in favor of the aggrieved operator, then it shall choose a member to represent the aggrieved operator during the review.
      2. b. If the majority of the committee members is not in favor of the aggrieved blind operator, no committee advocacy will be provided.
      3. c. The committee's decision will be recorded within minutes of the meeting and this decision shall be verbally communicated to the aggrieved operator at his or her meeting with the committee. The decision shall state the opinion of the majority of the committee members and shall inform him/her of rights to formal review and full evidentiary hearing, regardless of the committee's decision.

C. Administrative Reviews for Trainees Denied Licensure. Operators having completed a training program as indicated in 9.410.1 but not determined by the State Unit to have demonstrated performance adequate to obtain licensure under 9.402.1 may seek review of this decision through the procedures established in 9.103.1.

9.411.2 Procedures for a Full Evidentiary Hearing

When a formal review at the level of Manager of Rehabilitation Services does not resolve the dispute of a licensed blind operator, the blind operator may file a written complaint with the Division of Administrative Hearings, Department of Administration, requesting a full evidentiary hearing. The complaint by the blind operator must be filed within fifteen work, days after the receipt by the blind operator of notice of the adverse decision which he or she disputes. This complaint must identify one or more disputed issues of fact to be resolved in an evidentiary hearing. Complaints alleging issues of law, such as the authority of a State Licensing Agency to take a particular action, are not appropriate for resolution through an evidentiary hearing. Adherence of the State Licensing Agency to its own policy as set forth in this application for designation as the State Licensing Agency, and consistency of application of State Licensing Agency policy, are examples of issues of fact which, if disputed, can be resolved through the introduction of documents and the examination and cross-examination of witnesses at an evidentiary hearing.

1. A. Notice. Notice of the time and date of the hearing and the issues in dispute must be given in advance of the hearing so that the blind operator can be afforded reasonable opportunity to prepare.
2. B. Right to Be Represented. Since a blind operator is entitled to legal counsel or other representation in a full evidentiary hearing, he or she may wish to obtain his or her own counsel at his or her expense, or may wish to avail himself or herself of any free or minimal cost legal services available in the community, such as the Legal Aid Society. In the event that a blind operator is unable to obtain legal counsel at his or her own expense, and other avenues have been exhausted, the State Licensing Agency may elect to pay part or all of the cost of such legal services.
3. C. Impartial Presiding Official.The presiding officer at the hearing will be an Administrative Law Judge, Division of Administrative Hearings, Department of Administration, who has no involvement with the State Licensing Agency action which is at issue in the hearing or with the administration or operation of the Business Enterprise Program.
4. D. Conduct of the Hearing, Decision and Appeal Rights.
   1. 1. The hearing will be held during customary working hours of the State Licensing Agency at a mutually convenient location. The hearing will be scheduled by the Division of Administrative Hearings, Department of Administration, within a reasonable time of the receipt of the request. If the hearing date is unsatisfactory, the blind operator or the State Licensing Agency may request, in writing, a different hearing date. The blind operator will be notified, in writing, of the time and place fixed for the hearing and of his or her right to be represented by counsel. The State agency will provide the blind operator with a copy of information stating the procedures to be followed, and other relevant information necessary to enable him or her to prepare the case for the hearing.
   2. 2. The Administrative Law Judge will conduct a full evidentiary hearing, avoid delay, maintain order, and make sufficient record of the proceeding. The hearing will be open to the public unless the Administrative Law Judge, for good cause shown, determines otherwise.
   3. 3. The blind operator and the State Licensing Agency are entitled to present their cases by oral and/or documentary evidence, to submit rebuttal evidence and to conduct such examination of witnesses as may be required for full and true disclosure of all facts bearing on the Issues.
   4. 4. The decision of the Administrative Law Judge will set forth the principal issues and relevant facts adduced at the hearing, and the applicable provisions in regulations. It will contain findings of facts and conclusions regarding each of the issues, and the reasons and basis for the conclusions.
      1. The decision will also set forth any remedial action necessary to resolve the issues in dispute. The decision of the Administrative Law Judge will be mailed to the blind operator and the State Licensing Agency.
   5. 5. If a blind operator is dissatisfied with the decision rendered after a full evidentiary hearing, he or she may request, within thirty work days of his or her receipt of such decision, that an arbitration panel be convened by filing a complaint with the Secretary of the Department of Education, authorized by Section 5(a) of the Randolph-Sheppard Act and 34 CFR, Section 395.13(a).
   6. 6. If a blind operator is dissatisfied with the decision rendered after a full evidentiary hearing, he or she may also apply for a judicial review by the filing of an action for review in the appropriate State District Court, pursuant to the provisions of C.R.S., 24-4-106(4) and 26-1-106. Any such action must be filed in accordance with the Rules of Civil Procedure for Courts of Record in Colorado within thirty
      1. (30) days after the decision has become effective.
5. E. Transcript of Proceedings. A transcript will be made of the oral evidence and will be made available to the parties. The State Licensing Agency will pay all transcript costs and will provide the blind operator with at least one copy of the transcript. The transcript of testimony, exhibits, and all papers and documents filed in the hearing will constitute the exclusive record for the decision.
6. F. Special Services. Reader services, or other communication services, will be arranged for the blind operator, if requested. Transportation costs and per diem may be provided to the blind operator, during the evidentiary hearing, if the location of the hearing is in a city other than the legal residence of the blind operator.

9.412 CONFIDENTIALITY

9.412.1 Policy.

All information concerning blind operators given or made available to the State Licensing Agency, its representatives, or its employees shall be held to be confidential in accordance with Rehabilitation Services rules and regulations.

9.600 (None) Eff. 11/1/07

9.700 (None)

9.800 (None)

9.900 STANDARDS FOR HANDICAPPED PARKING PRIVILEGES

9.900.1 Purpose

To carry out the responsibilities to establish the medical standards to be used by physicians to certify that applicants for access to handicapped parking in Colorado are mobility impaired to the degree established in C.R.S. 42-4-1109(1), the Executive Manager of Rehabilitation Services has promulgated the following standards as rules.

9.900.2 Standards of Mobility Impairment

Persons who cannot walk without the aid of another person, a dog guide, a dog companion, a walker, a cane, crutches, braces, prostheses, or a wheel chair.

Persons who are mobility impaired by best corrected central visual acuity of 20/200 or less in the better eye as measured by the Snellen Test, or who have central visual acuity better than 20/200 with a limitation of the field of vision such that the widest diameter of the visual field subtends and angle of 20 degrees or less.

Persons who are restricted by a pulmonary disease to such an extent that their Arterial Oxygen Saturation on room air, at rest i:; 90% or less, or who fall below 90% with mild exercise, or who must use prescribed portable oxygen for ambulation.

Persons who have a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or IV according to the standards of the New York Heart Association. (Cited standards are from Comparative Reproducibility and Validity of Systems for Assessing Cardiovascular Functional Class: Advantages of a New Activity Scale; Goldman L., Hashimoto B., Cooks, E.F., et al. No amendments are incorporated. A chart describing the functional criteria is maintained in the Colorado Disability Determination Services, 2121 South Oneida, Denver, Colorado. An exact copy of the chart will be provided by the Associate Director of that agency upon request at no charge.) Persons who have a disability that would be severely aggravated by walking 150 to 200 feet under normal environmental conditions and a resultant mobility impairment of the same degree as described in the four criteria above.

9.900.3 Application

Application for access to handicapped parking is made at any Department of Motor Vehicles office, where an application form will be given to the applicant.

The applicant will take or send the application form to his/her doctor, who is responsible for it's completion. The physician will use the criteria listed in Section 9.900.2 as the standards to determine the applicant's eligibility for handicapped parking privileges. The form will be sent to the address listed at the top of the form along with any fees which may have been required by the Division of Motor Vehicles. The form will be processed, and authorization for a set of handicapped parking license plates or placard will be sent to the applicant. The license plates or placard will be issued from the local Department of Motor Vehicles office. _____________________________________________________ Editor’s Notes History Section 9.600 Eff. 11/1/2007.

9.400 BUSINESS ENTERPRISE PROGRAM (BEP) [Rev. eff. 7/1/08]

The purpose of the Business Enterprise Program is to provide individuals who are blind with remunerative employment, ever enlarging business opportunities, and ongoing empowerment with a greater effort toward self sufficiency, and a commitment to cooperation, excellence, and a positive public image.

9.400.1 Definitions [ Rev. eff. 7/1/08]

Terms, unless otherwise indicated in these BEP rules, are defined as follows: "Active participation" means an ongoing process of negotiations between the State licensing agency and the Committee of Licensed Blind Vendors to achieve joint planning and approval of program policies, standards and procedures affecting the overall operation of the vending facilities program, prior to their implementation by the State licensing agency. The implementation of agreed-upon policies, standards and procedures affecting the overall operation of the vending facilities program, shall be subject to review by the Committee of Licensed Blind Vendors. The State licensing agency bears final authority and responsibility for the administration and operation of the Business Enterprise Program including final approval of program policies, standards, and procedures affecting the program. "Business enterprise" means the automatic vending machines, cafeterias, snack bars, car service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by blind vendors and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and includes the vending or exchange of changes for any lottery authorized by State law and conducted by an agency of the State within such State, including like locations being operated by operators in a training status prior to licensure. "Cafeteria" means a food dispensing facility capable of providing a broad variety of prepared foods and beverages, including hot meals, primarily through the use of a line where the customer serves himself from displayed selections. A cafeteria may be fully automatic or some limited waiter or waitress service may be available and provided within a cafeteria and table or booth seating facilities are always provided. "Debt" means an obligation or liability to pay when due. "Direct competition" means the presence and operation of a vending machine or another business which is on the same premises or in close proximity to a business enterprise, especially if it vends or sells anything normally sold by a business enterprise, and if it is so located that it attracts customers who would otherwise patronize the business enterprise.

"Individual location" means identities and parameters that are established by the State licensing agency, and may be defined and redefined at the State licensing agency's discretion when it is in the best interest of the program.

A. "Business enterprise", "location", "site", and "vending facility" may be used interchangeably within this document.

B. A vending route is considered to be a location for the purposes of this document.

C. In the case of a contracting arrangement, wherein the contract encompasses an entire campus, base or installation, the State licensing agency will change the definition of the location as defined in the Federal or State contract.

D. An individual location may only be assigned to one blind vendor, unless the State licensing agency approves another written arrangement. Only the assigned blind vendor may have a financial interest in a location.

"Licensed blind vendor" means a blind person licensed by the State licensing agency to operate a vending facility on federal, state or other property.

"Management services" means oversight, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided on a systematic basis. "Operate a vending facility" means managing a business enterprise on Federal, State or other property. "Operate" and "manage" shall be used interchangeably.

"State Licensing Agency" means the Business Enterprise Program in the Division of Vocational Rehabilitation Services, which administers the Program and issues licenses to blind persons for the operation of business enterprises on Federal, State or other property. "Trainee" means a blind person who is participating in the formal Business Enterprise Program training course or has successfully completed the formal Business Enterprise Program training course and has been certified to operate a business enterprise in a training status prior to licensure. "Unassigned vending machine income" means income that accrues to the State licensing agency from commissions that vending companies pay on proceeds from vending machines on Federal, State and other property in which there is no on-site blind vendor. "Vending facility" means automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment which may be operated by blind licensees and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State within such State. "Vending machine" means, for the purpose of assigning vending machine income, a coin, currency, or credit card operated machine which dispenses articles or provides recreational or other services. "Vending machine income" means receipts, other than those of a blind operator, from vending machines operated on Federal, State or other property, after deduction of the cost of goods sold, including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns, where the machines are operated, serviced, or maintained by or with the approval of a department, agency, or instrumentality of the United States or the State of Colorado; or commissions paid, other than to a blind operator, by a commercial vending concern which operates, services, and maintains vending machines on Federal, State or other property, for, or with the approval of a department, agency, or instrumentality of the United States or State of Colorado.

9.401 ELIGIBILITY [Rev. eff. 7/1/08]

In selecting persons to be operators of the Business Enterprise Program, preference shall be given to persons who are in need of employment and who have been determined to be:

A. Blind as defined by Section 26-8.5-101(1), C.R.S.;

B. Citizens of the United States;

C. Able to successfully pass all State and Federal background investigations;

D. Free from infectious diseases as defined by the Department of Public Health and Environment for food handling (6 CCR 1010-2, Section 2-201);

E. Free from any felony conviction or pattern of misdemeanor convictions;

F. Successful in the completion of Business Enterprise Program Training Program;

G. Qualified to operate a business enterprise, either as a blind vendor in a training status or as a licensed blind vendor, as deemed by the State licensing agency;

H. Eighteen (18) years of age or older; and, I . In possession of a high school diploma or GED.

9.402 LICENSURE OF BLIND OPERATORS [Rev. eff. 7/1/08]

The State licensing agency shall be free to develop levels of distinction or classes of licensing. Issuance and conditions of licenses:

A. The State licensing agency shall provide for the issuance of licenses for an indefinite period but subject to suspension or termination.

B. The State licensing agency shall further establish in writing and maintain policies which have been developed with the active participation of the State Committee of Blind Vendors and which govern the duties, supervision, transfer, promotion, and financial participation of the vendors. The State licensing agency shall also establish procedures to assure that such policies have been explained to each blind vendor.

C. Licensing is also contingent upon stabilized employment for a minimum of ninety (90) calendar days and determined to be successful jointly by the State licensing agency and the Division of Vocational Rehabilitation counselor. Upon completion of ninety (90) calendar days, an evaluation will be conducted by the State licensing agency to determine if the applicant is eligible for a license or must continue training.

9.402.1 Property Right [Rev. eff. 7/1/08]

A license shall not create any property right for the licensee to whom it is issued and shall be deemed only to inform the public and other interested parties that the licensee has successfully completed the required Program training and is qualified and authorized to operate a business enterprise in the State of Colorado.

9.402.2 Termination of a License [Rev. eff. 7/1/08]

Any license issued to a blind vendor for the operation of a business enterprise may be terminated when:

A. The State licensing agency finds that the business enterprise is not being operated in accordance with the rules and regulations, the terms and conditions governing the facility agreement, contract or Federal permit for the particular location, or the written agreement with the licensed blind vendor.

B. There is proof of improvement of vision so that the operator no longer meets the definition of blindness, for which the State licensing agency may require proof at any time.

C. There is an extended illness with medically-documented diagnosis of prolonged incapacity of the licensed blind vendor to operate the business enterprise in a manner consistent with the needs of the location or other available locations in the Business Enterprise Program. The blind vendor may return to the program if he/she provides documentation that his/her physician deems improved physical condition that he/she may return to work and the State licensing agency is in agreement.

D. The licensed blind operator withdraws from the program by notice to the program; the blind vendor cannot return to the program until all debt have been satisfied and his/her return has been evaluated and approved by the State licensing agency. He/she may regain a license upon the application for and review by the State licensing agency.

E. The licensed blind vendor fails to appear and manage, or arrange for management of, the location without prior written notification to the State licensing agency and approved by the State licensing agency.

F. If the licensed blind vendor does not abide by provisions covered by Operator Agreement, including all obligations and debt.

G. The Operator Agreement is no longer in effect.

H. A licensed blind vendor elects not to submit for or operate any available location. He/she will be considered to have lost the license after ninety (90) calendar days and be evaluated by the State licensing agency and the Business Enterprise Program trainer before a license may be reinstated as a licensed blind vendor.

I . The licensed blind vendor is convicted of a felony or pattern of misdemeanors and/or fails to self- report a felony or misdemeanor arrest or charge.

J. The licensed blind vendor displays violence, threats, harassment, intimidation, or other disruptive behavior. Individuals committing such acts may also be subject to criminal penalties.

9.403 ELECTION, ORGANIZATION, AND FUNCTIONS OF A COMMITTEE OF LICENSED BLIND

1. VENDORS

9.403.1 Elections [Rev. eff. 7/1/08]

The State licensing agency shall provide for an election among the licensed blind vendors to establish a committee that will be representative of licensed blind vendors/trainees in all areas of the State. Members shall be elected to serve a two-year term. The election shall be to replace or re-elect those members who have served for two years.

The State licensing agency shall provide for the election of a State Committee of Licensed Blind Vendors which, to the extent possible, shall be fully representative of all blind vendors in the State of Colorado Business Enterprise Program on the basis of such factors as geography and vending facility type with a goal of providing for proportional representation of licensed blind vendors/trainees on Federal, State, and other property. Participation by any licensed blind vendor/trainee in any election shall not be conditioned upon the payment of dues or any other fees.

9.403.2 Purpose of the Committee of Licensed Blind Vendors [Rev. eff. 7/1/08]

The State Committee of Licensed Blind Vendors shall perform the following functions:

A. Actively participate with the State licensing agency in major administrative decisions and policy and program development decisions affecting the overall administration of the State's vending facility program;

B. Receive and transmit to the State licensing agency grievances at the request of blind vendors and serve as advocates for such vendors in connection with such grievances;

C. Actively participate with the State licensing agency in the development and administration of a State system for the transfer and promotion of blind vendors;

D. Actively participate with the State licensing agency in the development of training and retraining programs for blind vendors; and, E. Sponsor, with the assistance of the State licensing agency, meetings and instructional conferences for blind vendors within the State.

9.404 STATE LICENSING AGENCY RESPONSIBILITY [Rev. eff. 7/1/08]

The State licensing agency shall have the ultimate responsibility for the Business Enterprise Program. If the State licensing agency does not adopt written positions of the Committee of Licensed Blind Vendors, it shall notify the Committee of Licensed Blind Vendors. The State licensing agency will maintain operational procedures to secure the day to day function of the State licensing agency. The following are responsibilities of the State licensing agency: The State licensing agency shall:

A. Cooperate with the Secretary of Education in applying the requirements of the Randolph-Sheppard Act in a uniform manner (20 USC 107 – no amendments or later editions are incorporated. A copy is available for inspection at the Colorado Department of Human Services, Division of Vocational Rehabilitation, Office of the Director, 1575 Sherman Street, Denver, Colorado 80203; or any state publications depository library);

B. Take effective action, including the termination of licenses, to carry out full responsibility for the supervision and management of each vending facility in its program in accordance with its established rules and regulations, this part, and the terms and conditions governing the permit;

C. Submit promptly to the Secretary of Education for approval a description of any changes in the legal authority of the State licensing agency, its rules and regulations, blind vendor agreements, schedules for the setting aside of funds, contractual arrangements for the furnishing of services by a nominee, arrangements for carrying general liability and product liability insurance, and any other matters which form a part of the application;

D. If it intends to set aside, or cause to be set aside, funds from the net proceeds of the operation of vending facilities, obtain a prior determination by the Secretary of Education that the amount of such funds to be set aside is reasonable;

E. Establish policies against discrimination of any licensed blind vendor/trainee on the basis of sex, age, physical or mental impairment, creed, color, national origin, or political affiliation;

F. Furnish each licensed blind vendor/trainee a copy of the rules and regulations and a description of the arrangements for providing services, and take adequate steps to assure that each vendor understands the provisions of the permit and any agreement under which he/she operates, as evidenced by his/her signature;

G. Submit to an arbitration panel those grievances of any licensed blind vendor unresolved after a full evidentiary hearing;

H. Adopt accounting procedures and maintain financial records in a manner necessary to provide for each vending facility and for the State's vending facility program a classification of financial transactions in such detail as is sufficient to enable evaluation of performance; and, I. Maintain records and make reports in such form and containing such information as the Secretary of Education may require, make such records available for audit purposes, and comply with such provisions as the Secretary of Education may find necessary to assure the correctness and verification of such reports.

9.405 SET-ASIDE FUND [Rev. eff. 7/1/08]

A set-aside fund shall be established. Set-aside may also be used in the State of Colorado for suitable site development.

A. The State licensing agency shall establish in writing the extent to which funds are to be set aside or caused to be set aside from the net proceeds of the operation of the vending facilities and, to the extent applicable, from vending machine income in an amount determined by the Secretary of Education to be reasonable pursuant to 34 CFR 395.3(a)(11)(iv). No amendments or later editions are incorporated. A copy is available for inspection at the Colorado Department of Human Services, Division of Vocational Rehabilitation, Office of the Director, 1575 Sherman Street, Denver, Colorado 80203; or any state publications depository library.

B. Funds may be set aside under paragraph A, above, of this section only for the purposes of:

1. 1. Maintenance and replacement of equipment;
2. 2. The purchase of new equipment;
3. 3. Management services;
4. 4. Assuring a fair minimum of return to vendors; or, 5. The establishment and maintenance of retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is so determined by a majority vote of blind vendors licensed by the State licensing agency, after such agency provides to each such vendor information on all matters relevant to such proposed purposes.

C. The State licensing agency shall:

1. 1. Further set out the method of determining the charge for each of the above purposes listed in this section, which will be determined with the active participation of the State Committee of Licensed Blind Vendors and which will be designed to prevent, so far as is practicable, a greater charge for any purpose than is reasonably required for that purpose.
2. 2. Maintain adequate records to support the reasonableness of the charges for each of the purposes listed in this section, including any reserves necessary to assure that such purposes can be achieved on a consistent basis.

9.405.1 Set-Aside Assessment [Rev. eff. 7/1/08]

A. The set-aside assessment (or administrative fee) is a charge levied against the net proceeds of each vending facility, which represents a certain percentage of the net proceeds realized as a result of the facility’s operation.

1. The blind vendor is responsible for the payment to the agency of this assessment each month.

B. Net proceeds are determined from net sales, less merchandise cost and other allowable business expenses, plus commissions, vending machine income remitted to the licensed blind vendor, and rebates and bonuses paid to the licensed blind vendor.

1. The amount of set-aside assessment may not be deducted as an expense in computing net proceeds.

C. The percentage of net proceeds to be paid to the agency by each blind vendor is predicated upon a schedule negotiated between the State licensing agency and the Committee of Licensed Blind Vendors, determined to be sufficient for the operation of the Business Enterprise Program, while at the same time allowing for the retention of reasonable reserves by the State licensing agency. In no event shall any negotiated schedule exceed a maximum of thirteen percent (13%), nor shall any new schedule be implemented without the approval of the U.S. Rehabilitation Services Administration.

9.405.2 Schedule [Rev. eff. 7/1/08]

In accordance with current accounting schedule, operators shall remit payments plus business expenses determined reasonable at the discretion of the State licensing agency.

9.406 FINANCIAL REPORTING [Rev. eff. 7/1/08]

A. Each vending facility blind operator must file with the agency a monthly financial report of his/her business operation.

1. 1. The report (turn-in) and the payment of set-aside assessments currently due the State licensing agency shall be determined according to the Operator Agreement.
2. 2. If the State licensing agency’s technology permits, the blind vendor may be afforded the opportunity to file his/her reports and pay fees on-line according to the deadline provided in the Operator Agreement.
3. 3. Each blind vendor must maintain and provide itemization and documentation according to the Operator Agreement.

B. Falsification of records by the blind vendor, as validated by the State licensing agency or other State entity, will result in the termination of a blind vendor license without placing the blind vendor on probation.

C. Only the assigned licensed blind vendor/trainee for a location may have an economic interest in that location. No employee of the State licensing agency, it’s contractors or subcontractors, or other licensed blind vendor/trainee shall have any personal or economic interest whatsoever in the location, unless covered of superseded by a separate written agreement with the State licensing agency.

D. Each licensed blind vendor/trainee shall be permitted access to all financial data of the State licensing agency relevant to the operation of the Business Enterprise Program, including alternative formats and media acceptable to the licensed blind vendor/trainee and in compliance with current HIPAA and Division of Vocational Rehabilitation rules.

9.407 VENDING MACHINE INCOME [Rev. eff. 7/1/08]

The State licensing agency will have the right to negotiate with other State agencies regarding the sharing of commission proceeds from vending machines on State property (Section 26-8.5-100 through 26-8.5- 107, C.R.S.). Unassigned vending machine income will be disbursed only after determined by the State licensing agency that the licensed blind vendor/trainee is debt free to the program. All unassigned vending machine income disbursement will be applied to past due or existing debt. Distribution and use of income from vending machines on Federal, State, and other property is as follows:

A. Vending machine income from vending machines on Federal, State, or other property, which has been disbursed to the State licensing agency by a property managing department, agency, or instrumentality of the United States shall accrue to each licensed blind vendor/trainee operating a vending facility on such Federal property in each State in an amount not to exceed the average net income of the total number of licensed blind vendor/trainees within such State, as determined each fiscal year on the basis of each prior year's operation, except that vending machine income shall not accrue to any blind vendor in any amount exceeding the average net income of the total number of licensed blind vendor/trainees in the United States.

B. No licensed blind vendor/trainee shall receive less vending machine income than he/she was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this paragraph. No limitation shall be imposed on income from vending machines, combined to create a vending facility, when such facility is maintained, serviced, or operated by a licensed blind vendor/trainee. Vending machine income disbursed by a property managing department, agency or instrumentality of the United States to a State licensing agency in excess of the amounts eligible to accrue to licensed blind vendor/trainees in accordance with this paragraph shall be retained by the appropriate State licensing agency.

C. The State licensing agency shall disburse vending machine income to licensed blind vendor/trainees within the State on at least a quarterly basis. Vending machine income which is retained under paragraph A of this section by a State licensing agency shall be used by such agency for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors in such State, if it is so determined by a majority vote of blind vendors licensed by the State licensing agency, after such agency has provided to each such vendor information on all matters relevant to such purposes. Any vending machine income not necessary for such purposes shall be used by the State licensing agency for the maintenance and replacement of equipment, the purchase of new equipment, management services, and assuring a fair minimum return to vendors. Any assessment charged to blind vendors by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

9.408 POLICY AND PROCEDURES [Rev. eff. 7/1/08]

The State licensing agency determines procedures through an internal policy manual.

9.409 LICENSED BLIND AGREEMENTS, RESPONSIBILITIES, AND LOCATION

9.409.1 Operator Agreement [Rev. eff. 7/1/08]

A. The licensed blind vendor and the State licensing agency shall enter into an agreement concerning operation of a vending facility.

B. The Operator Agreement will:

1. 1. Identify the individual location/vending facility;
2. 2. Define the nature, scope and, responsibilities of the licensed blind vendor concerning operation of a specified vending facility;
3. 3. Define management services offered by the State licensing agency;
4. 4. Identify allowable business expenses.

C. Execution of the Operator Agreement The Operator Agreement must be signed prior to the blind vendor's acceptance of an individual location/vending facility. A blind vendor's failure to execute the operator's agreement, within the allotted time period designated by the State licensing agency, shall result in the blind vendor surrendering his/her opportunity to manage the individual location/vending facility for which the agreement was prepared. A new agreement must be signed each time the blind vendor accepts the opportunity to manage an individual location/vending facility, whether permanent or temporary.

D. Expiration of Operator Agreement The Operator Agreement will expire annually. The Operator Agreement may be renegotiated prior to expiration.

9.409.2 Location Transfer and Promotion [Rev. eff. 7/1/08]

The promotion of a blind vendor to a new location will be through a selection procedure established by the State licensing agency with participation of the Committee of Blind Vendors. A blind vendor shall be transferred from his/her assigned location only when the transfer will directly benefit the blind vendor or will be in the best interest of the Business Enterprise Program, giving preference to the blind vendor having demonstrated the most ability in management of a business enterprise. If there should be two or more blind vendors with equal qualifications, then the blind vendor with the greater amount of seniority shall be awarded the location.

A. A location may be temporarily transferred for ninety (90) days or until such time that the location is made available. The 90 days can be extended with good cause at the discretion of the State licensing agency when the transfer is in the best interest of the Business Enterprise Program. The State licensing agency will establish policies and procedures for temporary locations. The State licensing agency will adopt and use as criteria the transfer and promotion policies established by the State licensing agency with the participation of blind vendors.

B. Unless otherwise determined by the State licensing agency, when a new location has been awarded to a blind vendor, he/she may not maintain their former location beyond ninety (90) calendar days. If the previous location is put out for the selection process and no qualified operators respond, the blind vendor may assume it thereafter in increments of ninety (90) calendar days. After each ninety (90) calendar days, the location may be reviewed to be put out for the selection process.

9.410 BLIND VENDOR INDEBTEDNESS TO THE BUSINESS ENTERPRISE PROGRAM [Rev. eff.

1. 7/1/08] A present or past blind vendor's indebtedness to the Business Enterprise Program, which becomes past due, shall include any and all collection charges, attorney fees, court costs and all expenditures directly or indirectly incurred due to that debt. The blind vendor agrees to pay any and all debt on time. If a debt to the State licensing agency is thirty (30) days past due, the State licensing agency may refer the past due amount to collections in accordance with Colorado Department of Personnel and Administration, Office of the Executive Director, Accounts Receivable Collections Administrative Rule 1.37. If an account is referred to collections, the State licensing agency will have the right to immediately remove the blind vendor from the assigned location(s). Failure to meet payment deadlines allows the State licensing agency to offset monies due to blind vendor against existing debt without the prior approval of the blind vendor.

Unassigned vending machine income is disbursed only after it has been determined that the blind vendor is in good standing, not in arrears to the program. Otherwise, all unassigned vending machine income will be applied to debt.

9.411 EQUIPMENT AND INITIAL MERCHANDISE INVENTORY

9.411.1 Furnishing Equipment and Initial Merchandise Inventory [Rev. eff. 7/1/08] All furnishing of equipment and initial merchandise inventory will be subject to availability of funds.

A. The State licensing agency will furnish an adequate initial stock of merchandise for resale, and other related inventory items for the successful initial operation of the business enterprise for trainees or newly established locations.

B. The State licensing agency shall purchase or cause to be furnished suitable equipment, utensils, and supplies for initial operation, and shall provide for the maintenance and repair of such equipment for each particular business enterprise. The State licensing agency shall replace (or cause to be replaced) worn-out or obsolete equipment as required to assure the continued successful operation of the business enterprise.

C. The blind vendor shall be responsible for routine day to day care of the equipment and items considered disposable by the State licensing agency.

D. The State licensing agency is solely authorized to initiate repair calls. Any expenses incurred due to blind vendor origination of repair calls will be the responsibility of that blind vendor, unless individual negotiations have been made.

E. The State licensing agency may require the blind vendor to conduct a physical inventory of all merchandise and supplies; schedule to be determined by the State licensing agency.

9.411.2 Right, Title to, and Interest in Business Enterprise Equipment and Merchandise Inventory [Rev. eff. 7/1/08] The right, title to, and interest in all Business Enterprise equipment shall be held by the Business Enterprise Program of the State of Colorado with the exception of operator ownership. The State licensing agency shall also retain equity in the merchandise inventory of each business enterprise equal to the value of the merchandise inventory initially furnished by the State licensing agency. Each fiscal year, upon receiving funding, the State licensing agency shall notify the Committee of Licensed Blind Vendors in order to designate a representative subcommittee to collaborate with the State licensing agency in order to establish the amount of equipment expenditures. No blind vendor on the committee may advocate for his/her own location.

9.412 TRAINING PROGRAM [Rev. eff. 7/1/08]

A training program shall be afforded to prospective blind vendors to qualify them to operate a business enterprise in accordance with accepted business practices. Furthermore, additional training or retraining for improving management abilities for all blind vendors shall be provided by the State licensing agency with the cooperation of the Division of Rehabilitation Services. All training programs for the Business Enterprise Program will be in accordance with Federal rules and regulations. Trainees must complete established training programs within a twelve (12) month period, unless special circumstances are approved by the State licensing agency. Upon completion of the training program, the State licensing agency may assign the trainee any location deemed to be suitable to the abilities of the trainee. The State licensing agency, in collaboration with the elected Committee of Licensed Blind Vendors, shall establish and make available mandatory continuing education.

9.413 RIGHTS OF APPEAL AND FORMAL APPEAL PROCESS

9.413.1 RIGHT OF APPEAL [Rev. eff. 7/1/08]

A. A licensed blind vendor who is dissatisfied with any determination made by the Business Enterprise Program staff that affects a provision of Business Enterprise Program services may request a formal appeal.

B. A licensed blind vendor, upon successful completion of Business Enterprise Program training, shall be notified of his/her appeal rights.

C. A licensed blind vendor is responsible for costs associated with his/her appeal unless otherwise ordered.

9.413.2 Formal Appeal Process [Rev. eff. 7/1/08]

A. A written request for a formal appeal must be submitted to the Colorado Department of Personnel and Administration, Office of Administrative Courts (OAC) within ninety (90) calendar days of the subject determination made by the Business Enterprise Program staff that affects a provision of Business Enterprise Program services.

B. The written request must be a statement detailing the basis of appeal, including a description of the subject determination made by the Business Enterprise Program staff that affects a provision of Business Enterprise Program services and specify what relief is requested.

C. When a licensed blind vendor requests a formal appeal, the Business Enterprise Program is authorized to enter into settlement negotiations with the appellant as part of the litigation process in the interest of making every effort to resolve disputes at the lowest possible level.

D. A licensed blind vendor and the Business Enterprise Program may voluntarily participate in mediation through the OAC. Mediation may not be used to deny or delay a licensed blind vendor’s right to pursue resolution of the dispute through the formal appeal process unless both parties agree that additional time is necessary for mediation.

9.413.3 FORMAL APPEAL BEFORE THE OFFICE OF ADMINISTRATIVE COURTS [Rev. eff. 7/1/08] A. When the OAC receives a request for a formal appeal, the OAC shall notify the business enterprise program that the request has been docketed and send a copy of the formal appeal request to the Business Enterprise Program.

1. B. The Business Enterprise Program shall serve a Notice to Set an Informal Pre-hearing Conference within ten (10) calendar days of receipt of the formal appeal request from the
   1. OAC. The purpose of the informal pre-hearing conference shall be to:
2. 1. Set the date by which the Business Enterprise Program shall provide to the licensed blind vendor and to the OAC the specific incidents supporting Business Enterprise Program’s determination that affects a provision of business enterprise program services;
3. 2. Set the date by which the licensed blind vendor shall provide a response to Business Enterprise Program’s notice of specific incidents supporting the Business Enterprise Program’s determination;
4. 3. Set within the time period specified in paragraph D of this section, the case for hearing on the merits; and, 4. Arrange for expedited discovery schedules, motion dates, and pre-hearing conferences as necessary.

C. If a licensed blind vendor fails to provide, within the prescribed time, a response to the Business Enterprise Program’s notice of specific incidents supporting the Business Enterprise Program’s determination, the OAC shall deem the formal appeal to have been abandoned by a licensed blind vendor and render an initial decision dismissing the formal appeal. In accordance with the procedures set forth in Section 9.413.4, the Office of Appeals may reinstate the formal appeal for good cause shown by a licensed blind vendor.

D. The Administrative Law Judge shall conduct the hearing within sixty (60) calendar days of a licensed blind vendor’s request for formal appeal unless both parties agree additional time is necessary.

E. The Administrative Law Judge shall conduct the hearing on formal appeal in accordance with the Administrative Procedure Act, Section 24-4-105, C.R.S. The rights of the parties include:

1. 1. Each party shall have the right to present his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examination.
2. 2. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be subsequently prejudiced thereby, the Administrative Law Judge may receive all or part of the evidence in written form or by oral stipulations.
3. 3. A telephonic hearing may be conducted as an alternative to a face-to-face hearing unless either party requests a face-to-face hearing in writing. The written request for a face-to- face hearing must be filed with the OAC and the other party at least ten (10) calendar days before the scheduled hearing.

F. At the conclusion of the hearing, unless the Administrative Law Judge allows additional time to submit documentation, the Administrative Law Judge shall take the matter under advisement. After considering all the relevant evidence presented by the parties, the Administrative Law Judge shall render an Initial Decision for review by the Colorado Department of Human Services, Office of Appeals.

G. The Initial Decision shall uphold, modify or reverse the Business Enterprise Program’s determination affecting a provision of Business Enterprise Program services of a licensed blind vendor.

H. The Initial Decision shall be rendered within thirty (30) calendar days of the completion of the hearing.

I. When an appellant fails to appear at a duly scheduled hearing, having been given proper notice, without having given timely advance notice to the Administrative Law Judge of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appeal shall be considered abandoned and the Administrative Law Judge shall enter an Initial Decision Dismissing Appeal. In accordance with the procedures set forth below, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.

9.413.4 STATE DEPARTMENT, OFFICE OF APPEALS FUNCTIONS [Rev. eff. 7/1/08]

A. Review of the Initial Decision and hearing record, and entry of the Final Agency Decision, shall be pursuant to State rules at Sections 3.850.72 - 3.850.73 (9 CCR 2503-1).

B. Review shall be conducted by a State adjudicator in the Office of Appeals not directly involved in any prior review of the Business Enterprise Program’s determination affecting a provision of Business Enterprise Program services of a licensed blind vendor.

C. If a licensed blind vendor is dissatisfied with the decision rendered after a full evidentiary hearing, he/she may request, within thirty (30) work days of his or her receipt of such decision, that an arbitration panel be convened by filing a complaint with the Secretary of the Department of Education, authorized by Section 5(a) of the Randolph-Sheppard Act and 34 CFR, Section 395.13(a). No amendments or later editions are incorporated. A copy is available for inspection at the Colorado Department of Human Services, Division of Vocational Rehabilitation, Office of the Director, 1575 Sherman Street, Denver, Colorado 80203; or any state publications library.

D. The Final Agency Decision shall advise a licensed blind vendor of his/her right to seek judicial review in the State District Court, City and County of Denver, if the appellant had timely filed exceptions to the Initial Decision.

E. If a licensed blind vendor seeks judicial review of the Final Agency Decision, the Business Enterprise Program shall be responsible for defending the Final Agency Decision on judicial review.

9.414 CONFIDENTIALITY [Rev. eff. 7/1/08]

All information concerning licensed blind vendors/trainees given or made available to the State licensing agency, its representatives, or its employees shall be held to be confidential in accordance with Vocational Rehabilitation services and HIPAA rules and regulations.

9.500 – 9.900 (None)

____________________________________________________ Editor’s Notes History Section 9.600 eff. 11/1/2007. Section 9.400 eff. 7/1/2008. Section 9.900 repealed eff. 7/1/2008.