(1) "Applicant" means a person who has made formal application to the department to receive vocational rehabilitation or other services administered by the Montana Vocational Rehabilitation program inclusive of the Blind and Low Vision Services program of the department.  

(2) "Blindness" means a visual disability as defined at 53-7-301 , MCA.

(3) "Consumer" means a person who has been determined by the department in accordance with these rules and state and federal statutes and federal regulations pertaining to vocational rehabilitation services, and other applicable laws, to be eligible to receive vocational services administered by the Montana Vocational Rehabilitation program and who is receiving services in accordance with an individualized plan for employment (IPE).

(4) "Department" means the Department of Public Health and Human Services.

(5) "Dependent" means any relative to a person by blood or marriage or anyone living in the same household with whom a person has a close interpersonal relationship and for whom a person provides a majority of their financial support.

(6) "Disability" means an existing physical or mental impairment including blindness which significantly limits, or, if not corrected, may significantly limit a person's activities or ability to function in a normal manner.

(7) "Extended employment" means a supervised work program as defined at 53-7-202 , MCA.

(8) "Financial resource" means financial assets, inclusive of stocks, bonds, certificates of deposit, and similar type assets, that can be readily converted to cash, available to the person at the time of the eligibility determination and during the course of the person's receipt of services under an IPE. Financial assets do not include resources as provided for in ARM 37.30.411.

(9) "Income" means income as defined in ARM 37.2.702.

(10) "Independent living plan" means the written individualized independent living plan (IILP) prepared by the department for persons receiving independent living rehabilitation services. This plan specifies the independent living goals and needs of the person and the services the department may provide to the person in order to assist the person attaining an improved quality of life.

(11) "Individualized plan for employment (IPE)" means the plan signed by the person and the qualified Montana vocational rehabilitation counselor which specifies the vocational rehabilitation goals and needs of the consumer and the services the department may provide to the consumer in order to assist the vocational rehabilitation of the consumer.

(12) "Montana Vocational Rehabilitation program (MVR)" means the program of federal and state authorized vocational rehabilitation services for persons with disabilities provided through the department's Disability, Employment, and Transitions Division, inclusive of the Blind and Low Vision Services program and those federal programs authorized at 29 USC 701, et seq.

(13) "Occupational license" means a license as defined at 53-7-101 and 53-7-301, MCA.

(14) "Orthotic device" means a device that activates or supplements a weakened limb or neuromuscular function.

(15) "Person with a most significant disability" means a person with a disability:

(a) who has a severe physical or mental impairment that seriously limits three or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

(b) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(c) who has:

(i) one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, or another disability; or

(ii) a combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

(16) "Person with a significant disability" means a person with a disability:

(a) who has a severe physical or mental impairment that seriously limits at least one functional capacity (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

(b) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(c) who has:

(i) one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, or another disability; or

(ii) a combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

(17) "Programs of higher education" are programs of formal education that lead to an advanced academic degree such as an A.A., A.S., B.A., B.S., M.A., or Ph.D. Programs of higher education do not include career, vocational, or other specialized programs that do not lead to an academic degree.

(18) "Prosthetic appliance" means an artificial device as defined at 53-7-101 and 53-7-301 , MCA.

(19) "Rehabilitation facility" or "rehabilitation program" means a facility or program operated primarily for the provision of vocational rehabilitation services to persons with disabilities.

(20) "Serious limitation" or "seriously limits" means a reduction in capacity due to severe physical or mental impairment to the degree that the person requires vocational rehabilitation services or accommodations not typically made for other persons in order to prepare for, secure, retain or regain employment.

(21) "Sheltered employment" means a program of services as defined at 53-7-202, MCA.

(22) "Support services" means support services as defined at 53-7-202, MCA.

(23) "Vocational rehabilitation services" means vocational rehabilitation services provided in 34 CFR 361.48. Vocational rehabilitation services for the purposes of subchapters 1 through 7 do not include vocational rehabilitation extended employment services, independent living rehabilitation services, and visual medical services as defined in this chapter.

(1) The department, except as otherwise provided in this chapter, adopts and incorporates by reference, for purposes of administering the program of vocational rehabilitation services, the federal regulations specified in (2) as presented in the July 1, 2010 edition of the Code of Federal Regulations (CFR). These federal regulations, adopted by the United States Department of Education, govern the administration and delivery by the states of various aspects of vocational rehabilitation services.

(2) The following federal regulations govern the administration and delivery of vocational rehabilitation services as specified:

(a) For purposes of generally administering the program:

(i) 34 CFR 361.5 - "Applicable definitions".

(b) For purposes of administering eligibility determinations and order of selection:

(i) 34 CFR 361.36 - "Ability to serve all eligible individuals; order of selection".

(ii) 34 CFR 361.41 - "Processing referrals and applications".

(iii) 34 CFR 361.42 - "Assessment for determining eligibility and priority for services".

(iv) 34 CFR 361.43 - "Procedures for ineligibility determination".

(v) 34 CFR 361.44 - "Closure without eligibility determination".

(c) For purposes of administering program information and the provision of referrals:

(i) 34 CFR 361.37 - "Information and referral services".

(d) For purposes of administering confidential personal information:

(i) 34 CFR 361.38 - "Protection, use and release of personal information".

(e) For purposes of implementing individualized planning for service delivery and record of services:

(i) 34 CFR 361.45 - "Development of the individualized plan for employment".

(ii) 34 CFR 361.46 - "Content of the individualized plan for employment".

(iii) 34 CFR 361.47 - "Record of services".

(f) For purposes of the administration of service delivery:

(i) 34 CFR 361.48 - "Scope of vocational rehabilitation services for individuals with disabilities".

(g) For purposes of the implementation of informed choice for the benefit of consumers:

(i) 34 CFR 361.52 - "Opportunity to make informed choice".

(h) For purposes of prior and verbal authorization:

(i) 34 CFR 361.50(e) - "Written policies governing the provision of services for individuals with disabilities".

(i) For purposes of assuring the prior use of comparable services and benefits by consumers:

(i) 34 CFR 361.53 - "Comparable services and benefits".

(j) For purposes of administering closure of consumers from the program and monitoring employment outcomes for consumers:

(i) 34 CFR 361.55 - "Annual review of individuals in extended employment of other employment under special certificate provisions of the Fair Labor Standards Act".

(ii) 34 CFR 361.56 - "Requirements for closing the record of services of a consumer who has achieved an employment outcome".

(iii) 34 CFR 363.11 - "What information and assurances must be included in the state plan supplement".

(iv) 34 CFR 363.54 - "What requirements must a state meet before it provides for the transition of a consumer to extended services".

(k) For purposes of providing consumers with due process:

(i) 34 CFR 361.57 - "Review of counselor or counselor coordinator decisions".

(3) The department, except as otherwise provided in this chapter, adopts and incorporates by reference, for purposes of administering the program of vocational rehabilitation services, the policies specified in (4), as presented in the Montana Vocational Rehabilitation Policy Manual. Copies of the policies may be obtained through the Department of Public Health and Human Services, Disability, Employment, and Transitions Division, 111 N. Last Chance Gulch, Suite 4C, P.O. Box 4210, Helena, MT 59604-4210.

(4) The following Montana vocational rehabilitation policies govern the administration and delivery of vocational rehabilitation services as specified:

(a) For purposes of selecting appropriate goods: Montana Vocational Rehabilitation Policy B - "Rates Of Payment" dated December 27, 2002.

(b) For purposes of staff and consumer safety: Montana Vocational Rehabilitation Policy C1 - "Personal Safety" dated May 9, 2011.

(c) For purposes of conciliation in consumer due process: Montana Vocational Rehabilitation Policy E - "Counselor Determinations" dated December 27, 2002.

(d) For purposes of self-employment service provision: Montana Vocational Rehabilitation Policy M1 - "Self-employment" dated December 27, 2002.

(e) For purposes of defining "emancipated adult" for financial eligibility determinations: Montana Vocational Rehabilitation Policy ZGD08 - "Definitions" dated December 27, 2002.

(f) For purposes of defining "individual with a most significant disability" for federal reporting and order of selection: Montana Vocational Rehabilitation Policy ZGD16 - "Definitions" dated December 27, 2002.

(g) For purposes of developing the IPE: Montana Vocational Rehabilitation Policy W - "Core Requirements of IPE" dated October 1, 2006.

(h) For purposes of emergency response to IPE change requests: Montana Vocational Rehabilitation Policy X - "On-going IPE Services" dated December 27, 2002.

(2) The administration of the Vocational Rehabilitation program, implemented by the Administrative Rules of Montana at Title 37, chapter 30, subchapters 1 through 26, is subject to the provisions of all federal statutory, regulatory or policy authorities that govern the administration of the program. Any provision in these rules that is contrary to a governing federal authority is preempted by the pertinent federal authority.

This rule has been repealed.

(1) The department, in consultation with the vocational rehabilitation council, may implement an order of selection to limit eligibility for vocational rehabilitation services based upon designation by characteristics of specific populations of persons as having priority in being screened for eligibility and in receipt of services.

(2) The categories and ranking for priority of service among applicants and persons otherwise eligible for services are as follows:

(a) priority one is eligible persons with most significant disabilities experiencing serious limitations in three or more functional capacities;

(b) priority two is eligible persons with significant disabilities experiencing serious limitations in at least two functional capacities who are not in priority one; and

(c) priority three is all other eligible persons with disabilities who are not in priorities one or two.

(3) Selection of persons to be screened for eligibility within each priority group is based on the earliest dated application.

(4) Implementation of an order of selection does not affect the status for receipt of services for a person who has been determined to be eligible for vocational services prior to the date on which an order of selection is implemented.

This rule has been repealed.

(2) An applicant may receive those services determined by the department to be necessary and appropriate for assessing the applicant's eligibility.

(3) Eligibility of a person for the receipt of visual medical services, vocational rehabilitation extended employment services and independent living services is determined in accordance with ARM 37.30.2601 et seq. for visual medical services, ARM 37.30.1602 et seq. for vocational rehabilitation extended employment services and ARM 37.30.1601 et seq. for independent living services.

(2) Eligibility for vocational rehabilitation services is based on the following criteria:

(a) the presence of physical or mental impairment;

(b) the person's impairment constituting or resulting in a substantial impediment to the person's employment; and

(c) the vocational rehabilitation services necessary for the person to prepare for, secure, retain or regain employment are consistent with the person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(3) Any applicant who has been determined eligible for social security old age, survivors and disability insurance (OASDI) or supplemental security income (SSI) benefits under Titles II and XVI of the Social Security Act is presumed eligible for vocational rehabilitation services and considered an individual with a significant disability unless the department determines the applicant is not otherwise eligible for services.

(4) Eligibility of a person for the visual medical services, vocational rehabilitation extended employment services and independent living services is determined in accordance with ARM 37.30.2608 for visual medical services, ARM 37.30.1613 for vocational rehabilitation extended employment services and ARM 37.31.401 for independent living services.

(5) Eligibility for vocational rehabilitation services is not determined:

(a) with regard to sex, race, age, religion, creed, color, or national origin;

(b) solely on the basis of type of disability;

(c) upon an age limit which will, of itself, result in a finding of ineligibility for any person who otherwise meets the basic eligibility requirements; or

(d) upon a residence requirement, durational or other, which excludes from services any person who is in the state and who would be eligible for vocational rehabilitation services otherwise.

(6) A person is not eligible for vocational rehabilitation services unless the department determines that the person is utilizing all public and private benefits and services, other than rehabilitation technology, to which the person may be otherwise entitled which are of a comparable nature to those available through the vocational rehabilitation program of the department.

(7) A consumer must participate in such vocational rehabilitation services as the consumer and the department determine are appropriate for the consumer's vocational rehabilitation in accordance with the objectives of the consumer's (IPE) .

This rule has been repealed.

(a) one or more standards limit the consumer's access to an identified rehabilitation need in the consumer's individual employment plan;

(b) there is not a commensurate service option available through the department or another program available to the consumer to address the rehabilitation need; and

(c) the consumer has insufficient financial resources by which to obtain the rehabilitation need.

(1) The consumer, except as otherwise specifically authorized in this subchapter, is responsible for paying the costs for the provision of any vocational rehabilitation services that are authorized to be provided to the consumer through the consumer's IPE.

(2) An applicant or a consumer is not responsible for paying the costs for the provision of the following vocational rehabilitation services:

(a) assessment for determining eligibility and priority for vocational rehabilitation services except for trial work experience type services provided to a person with a significant disability during an exploration of the person's abilities, capabilities and capacity to perform in work situations;

(b) vocational rehabilitation counseling and guidance;

(c) referral and related services;

(d) job development and placement related services;

(e) personal assistance services; and

(f) any auxiliary aid or service or other rehabilitation technology, including reader services, that the department determines a person with a disability may require in order to apply for or receive vocational rehabilitation services.

(3) A consumer who is eligible for Social Security Old Age, Survivors and Disability Insurance (OASDI) or Supplemental Security Income (SSI) benefits under Titles II and XVI of the Social Security Act is not responsible for paying the costs for the provision of any services that are authorized to be provided to the consumer through the consumer's IPE.

(4) The department may pay for the costs for the provision of any services that are authorized to be provided to the consumer through the consumer's IPE to the extent that the consumer's income and financial resources, determined as provided in this rule and ARM 37.30.407, do not exceed the maximum amounts allowable for income and for financial resources calculated by the department as provided for in (4)(a) and (b).

(a) The maximum allowable level for income is a prospective 12 month annual income calculated at 250% of the 2014 U.S. Department of Health and Human Services poverty guidelines for households of different sizes.

(b) The maximum allowable value for financial resources is calculated at 50% of the maximum allowable annual income level.

(5) The department does not pay for the costs for the provision of any services that are authorized to be provided to the consumer through the consumer's IPE to the extent that those costs are reimbursable through another governmental program or there is another source of funding that is available to be applied to the costs of all or a portion of the services.

(a) If benefits from any other program or other sources of funding are not immediately available for the payment of any or all of the costs of services for the consumer, the department may temporarily pay for the costs for the provision of services until those other benefits or other sources of funding become available.

(b) If the determination of the availability of benefits or other sources of funding would delay the provision of vocational rehabilitation services to a consumer who is at extreme medical risk or who is to receive an immediate job placement opportunity, the department may temporarily pay for the costs for the provision of services until those other benefits become available. The department makes the determination of extreme medical risk based upon medical evidence provided by an appropriate licensed professional.

(6) The responsibility of a consumer for the payment of the costs for the provision of services is initially determined by the department prior to the provision to the consumer of any services listed in the consumer's IPE.

(a) The financial responsibility of a consumer is redetermined at any time that there is a change in the income and resources available to the consumer.

(2) An applicant's or a consumer's consent is necessary for the department to obtain any personal financial information not otherwise available to the department under law.

(a) If an applicant or a consumer is an unemancipated minor, the consent of the person's parents or guardian is necessary for the department to obtain any personal financial information concerning the person or person's parents not otherwise available to the department under law.

(3) An applicant or a consumer who fails to provide necessary financial information to the department either directly or by consent to release cannot be determined by the department to be eligible for vocational rehabilitation services.

(4) In accordance with departmental policies, any financial or other information obtained with an applicant's or a consumer's consent or the consent of the person's parents is confidential.

(5) Any financial information relied upon by the department in determining an applicant's or a consumer's financial resources or financial requirements is available to the person upon the person's request.

(6) A consumer must report to the department any changes in income or resources. Failure to report changes in income or resources results in termination of the consumer's eligibility for the vocational rehabilitation services.

(2) An applicant's or a consumer's income does not include income expended on disability related medical, psychological, or rehabilitation expenses incurred in the course of being determined eligible for vocational rehabilitation services and of the provision of vocational rehabilitation services.

(3) An applicant's or a consumer's income and financial resources are based on the person's next 12 months' projected income and financial resources.

(a) For an applicant or a consumer who is employed seasonally, income is calculated based on income history.

(b) For an applicant or a consumer who is self-employed, income does not include business expenses.

(4) The following assets are excluded as financial resources:

(a) the home of the applicant or consumer, the spouse or the parents, in the case of a minor;

(b) a small business or farm owned by the applicant or consumer, the spouse or the parents, in the case of a minor, if that business or farm is determined by the department to be the primary source of income or is a major asset for the applicant or consumer, the spouse or the parents;

(c) the applicant's or consumer's or the spouse's individual retirement accounts; and

(d) the applicant's or consumer's trust funds established as a result of disability to assist with the present and future medical and independent living expenses of the applicant or consumer.

This rule has been repealed.

(2) The department will only provide funding for the cost of tuition for a client at the program of higher education, community/junior college, vocational school, technical school or institute, or hospital school of nursing that the department determines is the most cost effective.

(3) The department, except as provided in (3)(a) and (b), provides funding for the cost of tuition for an individual at a public or private program of higher education up to but not exceeding the highest tuition charge in the Montana university system.

(a) The department provides funding for the cost of tuition to a program of higher education that is more expensive than the highest tuition in the Montana university system if the department determines that the program is not available otherwise or that the overall cost of attendance to the department inclusive of tuition, room and board, texts and supplies at the program with the more expensive tuition will be less than the overall cost of attendance at the program in the Montana university system.

(b) For tuition to a nationally recognized program, designed and staffed for persons with severe disabilities, the department provides funding for the cost of tuition.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) Physical and mental restoration services are limited to those services that are specified in and provided in accordance with the provisions of the Montana Vocational Rehabilitation Manual (MVR) Policy M, regarding scope of MVR services.

(3) Physical and mental restoration services do not include medical services and procedures of an experimental nature.

(4) The department adopts and incorporates by this reference the vocational rehabilitation list of covered services dated December 27, 2002, and published by the department as Montana Vocational Rehabilitation Policy M, "Scope of Montana Vocational Rehabilitation Services", of the Montana Vocational Rehabilitation Policy Manual. A copy of the policy may be obtained through the Department of Public Health and Human Services, Disability Services Division, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210.

(a) Travel services may include, as necessary, transportation, meals and lodging during travel for a person and necessary attendants or escorts.

(b) Transportation, meals and lodging are reimbursed at cost or state per diem, whichever is lower.

(2) Moving services may be provided for a move necessary to the vocational rehabilitation of the client.

(a) Moving expenses are reimbursed at cost.

(3) Travel services are only available for out-of-state travel if the department determines that the travel is necessary to receive services that are not available in Montana.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The provision of vocational rehabilitation services by the department is subject to the following financial limitations.

(a) Services subject to rates of payment are as follows:

(i) payment for physical and mental restoration services is limited to those rates specified in Montana Vocational Rehabilitation Policy R, "Fee Schedule".

(ii) payment for hospital care is limited to those rates provided in the medical assistance rates of Title 37, chapter 86, subchapters 5 and 12 of the Administrative Rules of Montana; and

(iii) payment for hospital care from a hospital in another state is at the rates as established by that state's vocational rehabilitation agency.

(2) The department adopts and incorporates by this reference the Vocational Rehabilitation Fee Schedule, dated December 12, 2011, and published by the department as Montana Vocational Rehabilitation Policy R, "Fee Schedule Appendix A", of the Montana Vocational Rehabilitation Policy Manual. A copy of the policy may be obtained through the Department of Public Health and Human Services, Disability, Employment, and Transitions Division, 111 N. Last Chance Gulch, P.O. Box 4210, Helena, MT 59604-4210.

(2) The department will not arrange for or provide instructional services if it determines that due to the time and distance involved, the services are not readily available at a reasonable cost.

(3) The department may purchase the instructional services if the department determines that the client has inadequate financial resources with which to purchase those services.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) A service will not be developed or facility modified solely for the purpose of directly benefiting any one person with a disability.

(3) Preference will be given to services or facilities with the potential of benefiting the largest number of persons with disabilities at a minimum cost to the department.

(4) Services are limited to:

(a) correction of a particular structural problem that constitutes a barrier to persons with disabilities;

(b) purchase of equipment that will serve equally and substantively a group of persons with disabilities;

(c) provision of transportation to a group of persons with disabilities; and

(d) provision of instructional materials to persons with disabilities.

(5) Group services are available only to the extent that the services are not otherwise available through other programs or are the financial responsibility of a facility by state or federal law.

(6) Group services assistance is available only for services and modifications that the department determines within its discretion are appropriate under the criteria of this rule and for which there is funding.

This rule has been repealed.

(1) Pursuant to the provisions of Title VI of the Civil Rights Act of 1964, and the regulations issued thereunder, the vocational rehabilitation services administered by the department will be conducted in such manner that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under the services provided on the ground of race, color, national origin, sex, age, physical or mental disability, creed, marital status, or political affiliation.

(2) No person will on the ground of race, color, national origin, sex, age, physical or mental disability, creed, marital status, or political affiliation be denied any services, financial aid, or other benefits provided through the vocational rehabilitation services or be provided any service, financial aid, or other benefit which is different, or is provided in a different manner, from that provided to others through the services.

(3) Employees of the department, or of other agencies or organizations participating in the vocational rehabilitation program, will not be assigned caseloads or clientele on the basis of race, color, national origin, sex, age, creed, marital status, or political affiliation of the person being served.

(4) In making determinations of the types of activity to be included in the vocational rehabilitation services, geographical or other criteria or methods of administration will not be used which have the effect of subjecting individuals to discrimination because of their race, color, national origin, sex, age, physical or mental disability, creed, marital status, or political affiliation or have the effect of defeating or substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, national origin, sex, age, physical or mental disability, creed, marital status, or political affiliation.

(5) The department recognizes that its obligation to conduct the services in accordance with the requirements of the law and the regulations extends to all activities arising out of the provision of the services which are conducted by other agencies, institutions, organizations, or political subdivisions, through contracts, or other arrangements with the department. This includes any activity supported with the aid of federal financial assistance or with the aid of any nonfederal funds, property, or other resources required to be expended or made available for the services to meet matching requirements, and also includes other conditions which must be met in order to receive the federal financial assistance.

(6) The department will make available to participants, beneficiaries, and other interested persons such information regarding the provisions of pertinent federal laws and regulations, and make available such information in such manner, as may be required by the commissioner of rehabilitative services administration to apprise such persons of the protections against discrimination assured them by law and regulation and will require the same from other agencies, institutions, organizations, or political subdivisions participating in the program.

(1) Services that the department purchases to be delivered to persons who are applicants for or who are eligible consumers of the Vocational Rehabilitation Program, the Blind and Low Vision Program, the Older Blind Program, the Independent Living Program, the Extended Employment Program, or the Visual Medical Program must be appropriate to meet the needs of the person for whom they are purchased.

(2) The department purchases services for applicants and consumers only from entities or persons that meet the required or appropriate, as determined by the department, accreditation, certification, licensure or other requirements and criteria made applicable by law, accrediting body, or as provided for in ARM Title 37, chapter 30, subchapter 1.

(3) The department reimburses the cost of professional services delivered to persons who are applicants for or who are eligible consumers of the Vocational Rehabilitation Program, the Blind and Low Vision Program, the Older Blind Program, the Independent Living Program, the Extended Employment Program, or the Visual Medical Program only if the person who is to deliver the services is currently professionally licensed to provide the type of services that are to be delivered to the applicant or consumer and is in conformance otherwise with the professional standards that are appropriate for the profession the person is practicing. A provider of professional services is a person who provides services to persons with disabilities for the purposes of furthering their employment or life skills and who are subject under state law to licensure as a particular type of professional services practitioner.

(4) The department reimburses the cost of program services delivered to persons who are applicants for or who are eligible consumers of the Vocational Rehabilitation Program, the Blind and Low Vision Program, the Older Blind Program, the Independent Living Program, the Extended Employment Program, or the Visual Medical Program only if the department, in accordance with ARM Title 37, chapter 30, subchapter 1, has certified the entity that is to deliver the program services as an enrolled provider of services and the entity is in conformance with all legal requirements necessary for the conduct of business, including but not limited to licensure, incorporation and registration, and federal and state laws and regulations on tax and wage and hour requirements. A provider of program services is an incorporated or other legal business entity that provides services to persons with disabilities for the purposes of furthering their employment or life skills.

(5) The department may evaluate through quality assurance reviews, inclusive of service inspections and consumer and provider interviews, and other measures the quality of professional and program services delivered to consumers of the Vocational Rehabilitation Program, the Blind and Low Vision Program, the Older Blind Program, the Independent Living Program, the Extended Employment Program, or the Visual Medical Program. The department based upon those evaluations and other pertinent information as it may note or receive from third parties may take any appropriate measures, including termination of the provider relationship, to assure that consumers receive appropriate and effective services and that state and federal monies are appropriately managed and accounted for.

(1) The department in its discretion may enroll an entity as a provider of program services for the Vocational Rehabilitation, Blind and Low Vision, or Extended Employment Programs if the entity is currently accredited as follows or is provisionally enrolled as provided for in (7) or is approved for limited enrollment by the department as provided for in (8) or (9):

(a) for providers of vocational rehabilitation and extended employment services, the entity must be accredited by either the Commission of Accreditation of Rehabilitation Facilities (CARF) or the Rehabilitation Services Accreditation System (RSAS); and

(b) for providers of low vision and blind services, the entity must be accredited by either the National Accrediting Council (NAC) or of CARF.

(2) The department in its discretion may enroll an entity as a provider of program services for the independent living programs if the entity is currently recognized and funded as an authorized independent living center by the federal Centers for Independent Living Program of the U.S. Department of Education or is provisionally enrolled as provided for in (7) or is approved for limited enrollment by the department as provided for in (8) or (9).

(3) The standard term of enrollment for a provider of program services is three years. If the enrollment is predicated upon an accreditation or authorization that is for a shorter term than three years, then the term of enrollment coincides with that term.

(4) The department may disenroll a provider at any time upon a determination by the department that the provider:

(a) is no longer accredited by an accrediting body;

(b) is no longer approved or authorized by another state or federal services program;

(c) is failing to perform in accordance with the various program and licensing standards and requirements that are applicable to the provider's service performance;

(d) is failing to prepare, maintain, or provide reports and other documentation necessary for monitoring performance and accounting for service delivery;

(e) is failing to perform in accordance with the terms of any contract the provider has entered into with the department for the delivery of vocational rehabilitation, blind and low vision, older blind, visual medical, extended employment or independent living services; or

(f) is violating or failing to conform with state or federal law.

(5) The department may review the enrollment status of a provider at any time. A review may include a site review.

(6) Copies of the standards adopted and incorporated by reference in this rule may be obtained as follows:

(a) the CARF standards may be obtained by temporary loan from the department through the Department of Public Health and Human Services, Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210 or by purchase from CARF, 4891 E. Grant Road, Tucson, AZ 85712;

(b) the NAC standards may be obtained by temporary loan from the department through the Department of Public Health and Human Services, Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210 or by purchase from NAC, 15 E. 40th Street, Suite 1004, New York, NY 10016;

(c) the RSAS standards may be obtained by temporary loan from the department through the Department of Public Health and Human Services, Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210 or by purchase from RSAS, 1309 Horne Street NE, Olympia, WA 98516; and

(d) copies of the federal requirements for a federally authorized independent living center may be obtained through the Department of Public Health and Human Services, Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210.

(7) An entity, that in accordance with (1) or (2) must receive accreditation in order to be enrolled, may be provisionally enrolled by the department until the entity receives the appropriate accreditation. A provisionally enrolled provisional enrollment may not be for more than 18 months. A provider may not receive another provisional enrollment, consecutive with a prior provisional enrollment unless the department determines that the provisional reenrollment is necessary due to matters of process relating to the accreditation and that the provider is making a good faith effort to become accredited.

(8) The department may enroll an entity that is not accredited as provided in (1) or (2), if the entity is necessary to the delivery of services to an applicant or consumer, and if the entity has formal approval to act as a provider from another state or federal services program with which the department has a cooperative agreement concerning the coordinated delivery of services.

(9) The department may provide for the limited enrollment of an entity that is not enrolled as provided for in of this rule if that entity can provide one or more services to a consumer in an area or circumstance that lacks an available enrolled provider. Limited enrollment may be limited with respect to time period, location, type of services, and any other pertinent parameters.

(10) If enrollment is denied, the department must give notice to the entity of the reasons for the decision 30 days from the date that the entity submitted a proposal to enroll.

(11) If enrollment is to be revoked by the department, the department must give notice to the provider of the reasons for the decision 30 days in advance of the date on which the department will cease to purchase services from the provider.

This rule has been repealed.

This rule has been repealed.

(2) The department does not financially participate in any of the following aspects of the establishment or development of rehabilitation facilities:

(a) acquisition of land;

(b) acquisition of buildings;

(c) remodeling, alteration or expansion of buildings;

(d) construction of buildings;

(e) architect's fees;

(f) site preparation;

(g) initial fixed or movable equipment; or

(h) works of art.

(3) The department does not participate financially in the establishment of work activity centers.

(4) Prior to the establishment of a rehabilitation facility, the department will certify that there is a need for the rehabilitation facility, that the establishment of the facility is consistent with the state rehabilitation facilities plan, and that the facility will be in compliance with all federal and state laws and statutes governing civil rights.

(a) In order to be approved by and to receive financial assistance from the department a rehabilitation facility must submit the complete plans, specifications and costs of all construction, equipment, and related expenses for the proposed facility to the department for final approval.

(b) The certification by the state under this rule and ARM 37.30.1002 are not a guarantee of grants nor of purchases of services by the department.

(1) An applicant for or consumer of services provided through this chapter who is the subject of an adverse action of the department may pursue a fair hearing as permitted by and in accordance with this rule, the applicable rules in ARM Title 37, chapter 5 specified in ARM 37.5.125 and Montana Vocational Rehabilitation Policy E, "Counselor Determinations".

(2) An adverse action is any determination made by the department with respect to an applicant's or consumer's concerning eligibility for, placement into a particular category for purposes of order of selection, or termination from services, or with respect to the selection and delivery of services delivered to a consumer under this chapter.

(3) At the time of application an applicant is informed of:

(a) the right of an applicant or consumer to a fair hearing;

(b) the procedure for requesting a fair hearing;

(c) the right to representation by legal counsel or others;

(d) the availability of any advocacy and free legal representation; and

(e) the availability of mediation provided through the services of a qualified impartial mediator.

(4) The department provides notice of an adverse action at least 10 days prior to the action unless the action relates to a change mandated by law or applied to the appealing party as a member of a class of consumers.

(5) An attorney or third party person may represent an appealing party. Representation must be shown by written consent. If an appealing party is unable to provide written consent, the hearing officer may make a written determination that the representative for the appealing party is proper.

(6) The hearing officer renders a written opinion, including findings and conclusions, within 30 days of final submission of the case.

(7) The hearing officer must reach a decision in the matter based on the provisions of the relevant state and federal statutory and rule authorities and of the state plan submitted by the vocational rehabilitation agency to and approved by the federal government.

(8) Appeal from a decision of a hearing officer is available as provided in ARM 37.5.334. Appeals of determinations under this chapter may not be made to the board of public assistance.

(9) The department adopts and incorporates by reference the conciliation procedures, dated December 27, 2002, and published by the department as Policy E, "Counselor Determinations", of the Montana Vocational Rehabilitation Manual. A copy of the policy may be obtained through the Department of Public Health and Human Services, Disability, Employment, and Transitions Division, 111 N. Last Chance Gulch, P.O. Box 4210, Helena, MT 59604-4210.

(1) Providers of vocational rehabilitation services must establish and maintain client grievance procedures.

(2) Any matter of grievance not adequately resolved between a provider of services and a client may be brought to the department for review and resolution.

This rule has been repealed.

(1) The objectives of the extended employment program are:

(a) to facilitate the development of appropriate employment opportunities in community-based integrated job sites for persons with severe disabilities determined by the department to be in need of extended employment;

(b) to encourage community integration of persons with disabilities by developing community-based, extended employment positions; and

(c) to provide opportunities for persons with significant disabilities who cannot be readily absorbed through the competitive job market to participate in extended employment programs in Montana.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) Applicants are selected to be served from the waiting list based on determination of eligibility date. The applicant available for services with the earliest determination date is offered the service.

(3) A person is eligible for the extended employment program if the person has:

(a) a significant disability;

(b) historically lacked the skills of independence and other skills so as not to have been competitively employed or, if employed, the employment has been interrupted or intermittent as a result of those disabilities; and

(c) been determined by the department to need the services of the extended employment program.

(4) Those persons eligible for comparable services provided by the department must fully utilize those services before they may be considered for eligibility for extended employment services.

(2) Supported employment as an extended employment service may be provided only in an employment setting where:

(a) the person with disabilities is not part of a work group of other persons with disabilities and most coworkers are not disabled;

(b) the person with disabilities is part of a work group of no more than eight persons with disabilities and there is regular contact with persons who are not disabled and who are not providing support services to the persons with disabilities; or

(c) the person with disabilities works alone and is in regular contact with persons who are not disabled and who are not providing support services to the person with disabilities.

(1) "Advisory council" means the Montana Vocational Rehabilitation Council.

(2) "Community awareness" means conducting activities to help improve public understanding and knowledge of the aspects of blindness and low vision and the problems facing older blind persons.

(3) "Consumer" means a person who the program has determined is eligible for and may receive older blind services.

(4) "Department" means the Department of Public Health and Human Services.

(5) "Functional areas" mean types of performance and assistance necessary for a person to successfully function independently in daily life and includes mobility, access to print information, self-care, independent living skills, access to technology, recreation, and social activities.

(6) "Impediment" means, for a person, an obstacle or inability to perform a task or achieve a goal that is caused by a disabling condition.

(7) "Independent Living Plan" means the plan prepared by the department in conjunction with the consumer. This plan specifies the independent living goals of the consumer, and the older blind services the department may provide to the consumer in order to assist the consumer to attain an improved quality of life.

(8) "Independent living skills training" means training in compensatory skills, including use of adaptive equipment that allows a consumer with visual impairments to cope with vision loss, perform daily living activities, and participate more independently in the community.

(9) "Individual advocacy training" means helping a consumer to identify their independent living needs, to develop a plan of action to meet those needs, to obtain and use resource information, and to develop problem-solving skills necessary for ensuring an independent and self-determined lifestyle.

(10) "Information and referral" means providing a consumer with basic information on equipment, financial assistance, recreation, housing, and attendant care, support groups, legal rights, and other disability and community topics and resources.

(11) "Legally blind" means:

(a) a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

(b) a person's visual field at the widest diameter subtends an angle no greater than 20 degrees.

(12) "Low vision" means a person has significant visual impairment that even with correction makes performance of daily tasks difficult.

(13) "Maintenance" means payments made to fund food, shelter, or clothing for a consumer.

(14) "Mobility training" means sequential instruction to a consumer in the use of remaining senses to determine position within the environment and techniques for safe movement from one place to another.

(15) "Orientation and mobility specialist" means a qualified professional in orientation and mobility either employed or contracted by the department who provides training to consumers so they can navigate safely in their home and community environments and access public transportation.

(16) "Peer counseling" means counseling and support provided to a consumer who is experiencing personal issues related to vision loss by another person or group who has had similar experiences. The peer helper functions as a role model, advocate, and resource person for the consumer.

(17) "Program" means the Blind and Low Vision Services Program administered by the department.

(18) "Qualified blind and low vision staff" or "qualified staff" means a rehabilitation teacher, vision rehabilitation therapist, orientation and mobility specialist, or the rehabilitation counselor employed by the program.

(19) "Rehabilitation counselor" means a vocational rehabilitation counselor who meets the standards of qualified professional as identified by the Montana Vocational Rehabilitation program and is employed by the program.

(20) "Rehabilitation teacher" or "vision rehabilitation therapist" means a qualified professional in rehabilitation teaching for blind and low vision persons either employed or contracted by the program who instructs consumers in functional areas of independent living.

(21) "Rehabilitation teaching services" or "vision rehabilitation therapy services" mean the assessment of a consumer's need for and training in compensatory skills for functional areas to assist the consumer in coping with vision loss.

(22) "Significant visual impairment" means a person has vision loss of acuity or field that even with correction limits a person's activities or ability to function in a normal manner.

(23) "Supportive services" mean services provided by family members or other persons, organizations, or institutions to assist the consumer in functional areas.

(24) "Totally blind" means a person has only light perception remaining or has no light perception.

(25) "Visual disability" means a person has been determined diagnostically to be totally blind, to be legally blind, to have low vision, or to have significant visual impairment.

(a) has appropriately applied for services;

(b) is 55 years or older in age;

(c) has a visual disability;

(d) due to the visual disability, will either have extreme difficulty in obtaining competitive employment or in the absence of an employment goal has feasible independent living goals;

(e) requires services available through the program that will contribute to the person's maintenance or increased independence; and

(f) meets the other requirements of this subchapter applicable to program eligibility.

(2) The presence of a visual disability and the need for program services may be determined by qualified staff based upon a functional assessment of the person's vision.

(3) A consumer's eligibility for services terminates when:

(a) a qualified staff member determines that the goals of the consumer's independent living plan have been achieved or cannot be achieved;

(b) due to fiscal or personnel resource exigencies the consumer's service delivery category is closed or the consumer is among the consumers whose service delivery is closed due to a reduction in the number of persons who can be served in the consumer's service delivery category;

(c) the consumer requests termination; or

(d) the consumer is no longer available for services.

(4) Prior to termination of a consumer's eligibility, the program will provide the consumer with notice of the termination and provide the consumer with the opportunity to seek an informal review of the proposed termination. If the person remains dissatisfied with the proposed termination, the person may request a fair hearing as provided for in ARM 37.30.2310.

(2) For the purposes of limiting service delivery in order to meet fiscal and personnel resources exigencies, the following categories are applicable:

(a) Category 1, for consumers already accepted into the Older Blind Program.

(b) Category 2, for consumers who are totally blind.

(c) Category 3, for consumers who are legally blind and at risk of moving into a less independent environment due to vision loss.

(d) Category 4, for consumers with low vision (best acuity with correction of 20/80 or less in the better eye) or significant visual impairment that affects four or more areas of functioning, and consumers who are legally blind but not at risk of moving into a less independent environment.

(e) Category 5, for all other consumers with a significant visual impairment.

(3) For purposes of implementing service delivery limitations due to insufficient fiscal or personnel resources, the division will close, as appropriate to meet the fiscal and personnel resources exigencies, one or more categories of service delivery beginning with level 4. For each service delivery category closed, the department will initially close that category to further consumers. Consumers in that category already in receipt of services will continue to receive services unless it is necessary due to the exigencies to initiate closure of services to all persons in that category.

(4) If the department determines that there are fiscal or personnel resources available to serve some, but not all, of the consumers in a particular service delivery category, the department will continue to serve that number of consumers in that category for which it has adequate fiscal or personnel resources. Consumers to be served will be selected based upon the consumers' dates of application for the program beginning with the earliest date of application.

(5) If the department determines that there are fiscal or personnel resources available by which to begin to open a previously closed service delivery category but not serve all possibly eligible persons in that category, the department will serve that number of consumers for which it has adequate fiscal or personnel resources based upon the consumers' dates of application for the program beginning with the earliest date.

(2) Older blind services include:

(a) outreach;

(b) low vision assessment, instruction, and assessment equipment;

(c) low vision aids and equipment;

(d) services and equipment fostering mobility and self-sufficiency;

(e) mobility training, Braille instruction, and other services and equipment to help an older individual who is blind adjust to blindness;

(f) independent living skills training;

(g) information and referral services;

(h) peer counseling;

(i) individual advocacy training;

(j) supportive services;

(k) rehabilitation teaching services;

(l) training necessary for living in the community and participating in community activities; and

(m) any other appropriate service designed to assist with daily living activities.

(3) Services may be made available in the discretion of the program to enhance a consumer's independence, productivity, and to further the quality of life, and independence of consumers as a group. Those services include, but are not limited to:

(a) community awareness programs to enhance understanding and integration into society; and

(b) activities to help improve public understanding of problems of consumers.

(4) Services provided to an individual consumer must be provided in accordance with the independent living plan.

(2) An applicant for or consumer of older blind services provided through this subchapter who is the subject of an alleged adverse action of the program may pursue a fair hearing as permitted by and in accordance with this rule and ARM 37.30.1401.

(2) "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the field of vision in the better eye to such a degree that the widest diameter of the visual field subtends an angle no greater than 20 degrees as determined by an ophthalmologist or a physician skilled in diseases of the eye.

(3) "Blind vendor" means a person certified as a blind person for the purpose of this subchapter and who is operating a vending facility administered by the department.

(4) "Blind vendors program" means the program administered by the department for the purpose of providing to certified blind persons the business opportunities authorized by Title 18, chapter 5, part 4, MCA.  The blind vendors program is administered in conjunction with the business enterprise program of the department.

(5) "Business enterprise facility" for the purpose of this subchapter means a vending facility administered by the department.

(6) "Certified blind person" means a blind person whom the department has determined is a blind person as defined in this subchapter, is in need of vocational opportunities, and is qualified to operate a vending facility.

(7) "Department" means the department of public health and human services.

(8) "Federal property" means buildings or portions of buildings or other real property owned or leased by the federal government excluding military reservations upon which the department may administer vending facilities by an agreement entered into under the authority of the federal Randolph-Sheppard Act, as amended.

(9) "License" means the certification of a blind person provided for in 18-5-403, MCA, for the purpose of providing vocational opportunity through a state-administered vending stand.

(10) "Licensing agency" means the visual service division, department of public health and human services, state of Montana.

(11) "Net proceeds" means the amount remaining from the sale of articles or services of vending facilities, and any vending machine or other income accruing to blind vendors after deducting the cost of such sale and other expenses (excluding set-aside charges required to be paid by such blind vendors).

(12) "Nominee" means a non-profit agency or organization designated by the state licensing agency through a written agreement to act as its agent in the provision of services to blind licensees under the state's vending facility program.

(13) "Other property" means all real property other than state or federal property as defined in this rule.

(14) "State property" means those buildings or portions of buildings or other real property owned or leased under a lease-purchase agreement, or in the case of a building, leased in its entirety by the state or agencies of the state that are utilized in the conduct of state matters and occupied principally by state employees.  State property for the purpose of this subchapter does not include vocational institutions or institutions of higher education.

(15) "Vending facility" means an area and equipment inclusive of vending machines on state, federal or other property which is or may be utilized in providing a food, beverage, or other service to employees and other persons present on the property, and may include any of the following:

(a) shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment that is necessary for the vending of articles that are approved by the agency, or other authority having care, custody and control of the property in or on which the vending stand is located;

(b) manual or coin operated vending machines or similar devices for vending the approved articles;

(c) cafeteria or snack bar facilities for the dispensing of approved foods and beverages.

(16) "Vending machine" means a device for the dispensing of foodstuffs, liquids, or other products when money is inserted into the device.  Vending machine does not include postage stamp machines or coin-operating telephones.

(17) "Vendor" means either a blind vendor or any person who is by contract temporarily managing and operating a business enterprise facility which is part of the blind vendors program.

(18) "Vocational rehabilitation programs" means those programs provided for under the federal Randolph-Sheppard Act, as amended, and Title 53, chapter 7, part 3, MCA.

(a) survey the property (or blueprints, plans, and other similar, available information) to determine if the installation of a business enterprise facility for the blind vendors program is feasible and consonant with its vocational rehabilitation objectives; and if it so determined, provide for a business enterprise faciity to be installed on that property by the department.

(2) State agencies which now have a vending facility not administered by the department as a business enterprise facility shall give notice to the department when any existing agreement relating to the management of that facility terminates.  At that time the department may exercise its authority to administer that facility as a business enterprise facility.

(3) The department is responsible for designating business enterprise facility locations on state and other property for the purposes of the blind vendors program.

(4) An agency responsible for state and other property shall at the direction of the department alter the property to make it suitable for a vending facility.

(5) The installation, modification, relocation, removal, and renovation of vending facilities will be subject to prior approval and supervision of the on site official responsible for the property and the department.  The costs of relocation of vending facilities shall be paid by the initiator of the request.

(6) Additional vending facilities may not be installed on property having a business enterprise vending facility unless an agreement is reached between the agency and the department concerning the installation and operation of the competing vending facilities.

(1) In order to be eligible to be a certified blind person for the purposes of this subchapter, one has to be an accepted client of the vocational rehabilitation program.

(2) Criteria in the issuance of certification.  Preference will be given to blind persons who are in need of employment for economic reasons and who are residents of the state of Montana, but in all instances certifications will be issued only to persons who meet the following criteria:

(a) the person has been determined to be blind as defined in ARM 37.30.2501(2) by the department;

(b) the person is a citizen of the United States;

(c) the person is at least 18 years of age;

(d) the person is determined by the department to be qualified to operate a business enterprise facility; and

(e) the person is determined by the department to be in need of vocational opportunities.

(3) List of eligibles for placement:

(a) Applications for a position as a blind vendor will be accepted from anyone who meets the cited criteria.  A record will be maintained of those applying.  From this list of applications the department will select those suitable for training.

(b) Applicants who have successfully completed the training program or who have otherwise been certified as qualified blind vendors will be placed on the eligible list for placement in the following order:

(i) applicants who reside in the geographical area where a vacancy occurs or a new facility is being established;

(ii) substitute vendors who merit being placed as regular managers;

(iii) newly trained vendors; these persons will be placed on the list in order of their certification for the program;

(iv) former blind vendors who desire to return to the program and whose previous records do not preclude their return.

(c) The final selection for placement of blind vendors will be the decision of the department.

(4) Initial placement to be probationary:

(a) An applicant selected for placement as a blind vendor will initially be on probationary placement for a period of 6 months.

(b) The probationary placement is to provide for:

(i) adjustment of the blind vendor to the requirements of the physical environment;

(ii) adjustment of the blind vendor to the mental and physical requirements of a continuous work situation;

(iii) amelioration of any training deficiencies;

(iv) insuring that requirements of the building management can be satisfactorily filled.

(c) If during the probationary period the department determines that the probationary blind vendor is not successfully meeting the duties of facility operation or is unable to meet the requirements of the building management, the probationary appointment will be terminated unless extended at the discretion of the department.

(5) Contracting:

(a) The department will contract with certified blind vendors placed by the department for performance of their services.

(i) The contracts will be on an annual basis.

(b) Contract provisions will be in accord with these rules and may include other provisions as the department determines may be necessary for the conduct of the program, the furtherance of the services provided by the department to the vendor, and the assurance of the quality of services provided by the vendor.

(2) In the event of the inability of the blind vendor to fulfill his responsibilities, the department may forthwith assume the operation of the facility. When circumstances warrant such action, the blind vendor may be temporarily relieved of duties by the department.

(3) Termination:

(a) Certifications shall be issued for an indefinite period but may be terminated by the blind vendor giving 60 days written notice to the department if he desires to resign.

(b) Any certification issued to a blind vendor may be revoked by the department, by written notice when the department determines that the facility is not being operated in accordance with these rules and regulations, the terms and conditions governing the permit with the building management, or the contract with the blind vendor.

(c) Any certification may be terminated or suspended, if because of improvement of vision, the blind vendor no longer meets the criteria as defined in this rule.

(d) Any certification may be terminated or suspended because of extended illness with medically documented diagnosis of prolonged incapacity of the blind vendor to operate a vending facility in a manner consistent with the needs of the location or other available locations in the program.

(e) The blind vendor shall expressly release the department, its agents or employees from any loss, injury, damage or expense which the vendor may suffer, sustain, or incur by reason of such termination.

(f) The 60 day written notice may be waived by mutual consent of all parties concerned.

(a) The department shall retain the right, title, and interest to all facility equipment and leases. It shall have the authority to direct, control, transfer, and dispose of such equipment when necessary.

(b) The vendor will make no additions or reductions to the facility and its operation either in the form of equipment, fixtures, goods for resale, or facilities without first obtaining authorization from the appropriate agent of the department.

(2) The department will maintain or cause to be maintained all equipment in a safe and satisfactory working condition subject to the following:

(a) Replacement in lieu of repair shall be a decision of the department.

(b) It is the vendor's responsibility to report at the first opportunity to the department any incident resulting in damage, breakage, theft, defacement or malfunction of equipment or fixtures provided for his use. The first $400 of yearly maintenance and repairs will be paid by the vendor.

(c) The vendor is authorized to arrange for emergency repairs to avoid loss of perishable stocks, to avoid endangering life or property. The reporting requirement of (b) is to be followed in all cases.

(d) Each vendor shall take reasonable care of equipment in his facility and carry out routine, day to day maintenance procedures.

(3) The department will provide to a blind vendor initial stock for resale and a "change fund" in the amount of $50.00 for opening of the business enterprise facility. The blind vendor will maintain an inventory of stock and/or cash which may exceed the value of the initial stock and "change fund" but may not be less than 80% of the initial stock and "change fund". Merchandise considered unsalable by the blind vendor shall not be included in the value of any beginning inventory. The blind vendor will be assessed the value of the initial stock against the net profit of the facility upon his resignation from the blind vendors program with the following provisions:

(a) upon resignation or termination, an inventory, valued at wholesale, shall be taken;

(b) any amount in excess of the beginning inventory shall be due the blind vendor after any outstanding obligations to suppliers are met;

(c) any amount less than the beginning inventory shall become an obligation of the blind vendor.

(4) The department will obtain and maintain in force applicable public liability and products liability insurance with minimum limits of $500,000 each occurrence, $1,000 medical payments, $25,000 each accident.

(a) such insurance shall name the vendor and the state of Montana as named insured;

(b) the department will provide each unit with a copy of insurance coverage.

(2) The duties of the vendor shall be to:

(a) perform faithfully and to the best of his ability the necessary duties in connection with the operation of the facility in accordance with the department's rules and regulations, the terms of the permits, the agreement, and shall perform in the best interests of the blind vendors program as a whole;

(b) cooperate with duly authorized representatives of the department in connection with their official responsibilities under the program;

(c) operate the facility in accord with all applicable health laws and regulations;

(d) furnish such reports as the department may from time to time require;

(i) submit the SRS-VSD-BE-1 by fifteenth of each month;

(ii) submit quarterly inventory by the fifteenth of January, April, July and October;

(e) follow generally acceptable accounting practices;

(f) take no action in the derogation of, or inconsistent with, the paramount right, title, and interest of the department to the facility, its equipment and the lease or agreement with the management of the property;

(g) maintain the highest standard of personal appearance, grooming and behavior so as to win and retain the respect of the clientele of the facility;

(h) pay cash for all merchandise or immediate payment upon receipt of billing;

(i) to report to the department in writing, as soon as practicable, the occurrence of any accident at this facility. This requirement is in addition to the vendor's duty to report any accident to the insurance carrier;

(j) to report to the department any claim or suit which may be brought against the vendor as the result of any accident at the facility. This requirement is in addition to the vendor's duty to report such information to the insurance carrier.

(3) Employment of staff by a vendor:

(a) The vendor shall employ a sufficient number of employees so as to assure the efficient operation of the facility and to provide adequate service to the public. His relationship to this staff shall be the normal employer/employee relationship existing in private business enterprises.

(b) In the employment of permanent and temporary employees the vendor shall give preference to qualified legally blind individuals.

(4) Vacations and leaves of absence:

(a) Annual vacations may be taken by vendors in accord with accepted business practices. Vendors planning to take a vacation should select a substitute vendor, preferably a certified blind person, to assume responsibility for the operation of the facility. Substitute vendors shall be paid by the vendor. The selection of the substitute vendor is a responsibility of the vendor but must be approved by the department. The department must be notified in advance of the period vacations are selected.

(b) Requests for extended vacation periods or leaves of absence for other purposes shall be presented to the department. These requests will be evaluated on their individual merits.

(5) Business relationships:

(a) With vendors;

(i) the vendor shall have a free choice of the vendors from whom he is to make his purchases, provided however, that such vendors are reputable.

(b) With customers;

(i) all business enterprise facilities are to be operated on a cash basis except in unusual circumstances warranting the extension of credit to meet specific recurring customer needs, and then only after prior approval by the department.

(c) With building officials;

(i) the vendor will comply with all requests concerning the operation of the facility that may be made by officials of the building in which the facility is located provided that such requests do not conflict with the certification agreement, the rules and regulations issued by the department and the contract. At no time should the vendor expect the building management or their employees to provide special services or favors.

(ii) When differences arise between the vendor and the building management, the vendor shall bring the matter to the immediate attention of the department for appropriate action.

(6) The department shall in no way be obligated by any debts incurred by the vendor, other than those authorized in writing by the appropriate agent of the department.

(a) maintenance and replacement of equipment;

(b) the purchase of new equipment;

(c) management consultant services;

(d) assuring a fair minimum of return to vendors; or

(e) the establishment and maintenance of retirement or pension funds, health insurance contributions, paid sick leave and vacation time, if it is so determined by a majority vote of blind vendors certified by the department, after providing each such vendor information on all matters relevant to such proposed purposes.

(2) The amount of net proceeds for set aside purposes will be computed and reported on the SRS-VSD-BE-1 and paid monthly.

(3) Each unit's set aside fee will be 5% of the net proceeds.

(2) It shall be the responsibility of the vendor to apply to the appropriate authority to secure required licenses, permits and authorizations.

(3) While every assistance will be given the vendor by the department it shall be the responsibility of the vendor to familiarize himself with the laws and ordinances relative to the operation of the facility and to file any necessary tax returns or other reports.

(4) This program will operate in compliance with section 80.4(b) of the regulations of the department of health, education and welfare (45 CFR, Part 80 effectuating Title VI of the Civil Rights Act of 1964) .

(2) The committee shall consist of 3 blind vendors, who shall select a chairperson.

(3) Nomination may be made by any of the assembled blind vendors.

(4) Committee members shall be elected for a 2 year term and may serve no more than 3 consecutive terms.

(5) The committee shall meet on an annual basis at a place within the state agreed on by them. Additional meetings may be called by the department or by the chairperson.

(6) Between meetings, functions of the committee will be carried on by individual members of the committee so designated.

(2) Committee members shall be kept informed by the department of matters within its purview that are being considered for decision. The committee will receive written notice of and invitations to attend important discussion and decision making meetings in these areas.

(3) The department has the ultimate responsibility of the administration of the blind vendors program and if the department does not adopt the views and positions of the committee it will notify the committee in writing of the decision reached or the action taken and the reasons therefor.

(4) The committee shall receive and transmit to the department any grievance at the request of a vendor, and serve as advocates for such vendor in connection with such grievances.

(5) The committee actively participates with the department in the development of training and retraining program for blind vendors.

(6) If an elected committee member is unable to complete his term on the committee, the chairperson shall appoint another qualified vendor to serve his unexpired term.

(2) The vending company will be selected by competitive bid. Contracts with vending companies will stipulate the type of equipment, periods of service, quality of service, and the flat fees to accrue to the business enterprise program. A flat fee is an agreed upon monthly unit amount of payment on a per vending machine basis to the department or its agent for purposes of the set aside fund.

(3) The department will negotiate contracts with vending machine companies for the installation of vending machines in public and other buildings in which there is no competition with an existing business enterprise facility. Proceeds from these vending machines may be used, as determined by the department, as best benefits the blind vendors program.

(4) The vendor will be provided a list of assigned vending machines, their locations, and applicable contracts.

(1) Vending machine income from vending machines on federal property and other property which has been disbursed to the department by a property managing department, agency, or instrumentality of the United States under the vending machine income sharing provisions in section 395.8 of the Randolph-Sheppard Act of 1974 (PL 93-516) shall accrue to each blind vendor operating a vending operating facility on such federal property in an amount not to exceed the average net income of the total number of blind vendors 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 blind vendors in the United States.

(2) No blind vendor shall receive less vending machine income than he was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this ceiling.

(3) 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 blind vendor.

(4) The department will retain vending machine income disbursed by a property managing department, agency or instrumentality of the United States in excess of the amount eligible to accrue to blind vendors.

(5) That income accrued for blind vendors will be disbursed quarterly to them by the department.

(6) Vending machine income retained by the department will be used 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, if it is so determined by the majority vote of the certified vendors, after each vendor has been furnished information on all matters relevant to such purposes; that any vending machines income not necessary for such purposes shall be used for one or more of the following; maintenance and replacement of equipment; purchase of new equipment; management services; and assuring a fair minimum return to vendors; and that any assessment charged to blind vendors shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

(2) Each blind vendor will be provided with a vending stand operator's manual explaining their duties as vendors of various type vending stands with the qualifications for the various type stand operators.

(3) Blind vendors shall be provided the opportunity for an administrative review and a fair hearing in accordance with ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.318, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337 in any contested matter.

(a) A blind vendor dissatisfied with the decision rendered after a fair hearing, may pursue that due process accorded by the Randolph-Sheppard Act (20 USC 107a) .

(a) to prevent blindness;

(b) to restore sight;

(c) to provide appropriate treatment where loss of sight cannot be prevented or sight cannot be restored.

(2) The visual medical program though administered by vocational rehabilitation services is not a vocational rehabilitation program.

(a) diagnostic services;

(b) surgery and treatment services;

(c) hospitalization services;

(d) prosthetic appliances, if determined to be necessary in treatment;

(e) transportation services; and

(f) follow-up services.

(a) The person has an eye condition which needs the attention of an ophthalmologist or optometrist in order to prevent blindness, to restore sight or to treat an eye condition due to blindness.

(b) The person is not otherwise eligible for medical assistance from any other state or federal program including the vocational rehabilitation services program.

(c) The person must be financially in need due to the anticipated costs of the medical services he is to receive.

(i) A person who is above the cost of living standards provided for in ARM 46.10.403, may at the discretion of the department receive visual medical services if the costs of the treatment and eye care would result in that person's having inadequate financial resources to meet the relevant cost of living standards.