N.Y. Comp. Codes R. & Regs. tit. 8 § 247.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 247.1 - Definitions

As used in this Part, unless the context requires otherwise, these terms shall have the meaning indicated below:

(a) Administrative review means an informal review of an agency action or decision at a higher agency level than the case service unit that is available to an individual, when the individual and the district office manager agree that such informal review is likely to eliminate the individual's dissatisfaction.

(b) Agency means the Office of Vocational and Educational Services for Individuals with Disabilities of the New York State Education Department.

(c) Comparable services and benefits means services and benefits provided by other public agencies, by health insurance, or by employee benefits which are available to the individual at the time needed to ensure achieving the individual's employment outcome and are commensurate to the services that the individual would otherwise receive from the agency.

(d) Eligible individual means an individual whom the agency has found eligible for services in accordance with the criteria contained in section 247.6 of this Part.

(e) Employment outcome means entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market; supported employment; or any other type of employment in an integrated setting, including self-employment, telecommuting or business ownership, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(f) Hearing officer means a person who is appointed by the Deputy Commissioner for Vocational and Educational Services for Individuals with Disabilities to conduct a hearing and render a decision. A hearing officer shall:

(1) not be a member of the State Rehabilitation Council nor an employee of a public agency other than an institution of higher education;

(2) not have been involved in previous decisions regarding the vocational rehabilitation of the individual;

(3) have knowledge of the delivery of vocational rehabilitation services, the State plan, and the Federal and State laws and regulations and agency policies governing the provisions of services;

(4) have received training in the performance of official duties; and

(5) have no personal, professional or financial interest that would be in conflict with his or her objectivity.

(g) Impartial hearing means a quasi-judicial hearing which is a formal appeal by an individual of an agency decision concerning delivery of services, and which serves as the highest level of appeal within the agency that may be initiated by an individual.

(h) Individual means a person who is receiving services from the agency or a person who has applied or attempted to apply for services from the agency.

(i) Initial review conference means an informal session held by a senior counselor with an individual and counselor in an effort to resolve an individual's disagreement within the case service unit, and without the necessity of a formal hearing or administrative review.

(j) Mediation means a voluntary submission by each party, of their dispute, to a qualified and impartial mediator who is trained in effective mediation techniques and is knowledgeable in the laws relating to vocational rehabilitation.

(k) Parties means the agency and the individual.

(l) Physical or mental impairment means:

(1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

(2) any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(m) Relative means a person having any of the following relationships to an eligible individual: spouse, mother, father, stepparent or legal guardian.

(n) Review means an initial review conference, administrative review, and/or impartial hearing.

(o) Reviewer means the agency staff member who conducts the administrative review.

(p) Substantial impediment to employment means a physical or mental impairment which in light of attendant, medical, psychological, vocational, educational and other related factors, hinders an individual from preparing for, entering into, engaging in or retaining employment consistent with the individual's strengths, resources, priorities, concerns, abilities and capabilities.

(q) Total support means the total cost for the following items of the eligible individual's support: housing, utilities, food, transportation and health care.

(r) Vendor means a person or business which, in addition to any licenses or certifications otherwise required to perform its services, has applied to the agency and been approved to provide specified services either directly to individuals or to the agency.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 247.1