Nebraska Administrative Code
Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS
Section 192-2-001 - General Information
Universal Citation: 192 NE Admin Rules and Regs ch 2 ยง 001
Current through September 17, 2024
01.01. PURPOSE OF THIS CHAPTER. This chapter provides procedures for the formal review of written determinations by Nebraska Commission for the Blind and Visually Impaired (NCBVI) personnel concerning the provision of vocational rehabilitation services to blind individuals. This chapter is intended to implement the requirements of 29 U.S.C. 701 et.seq., 34 CFR Part 361 et.seq., Nebraska Revised Statute Sections 71-8601 to 71-8616 and the Nebraska Administrative Procedures Act.
01.02. DEFINITIONS. The following definitions shall apply as used throughout Chapter 2 of these rules and regulations.
001.02A.
BOARD shall mean the governing board of NCBVI, to be
appointed by the Governor of Nebraska according to state law.
001.02B.
BLIND
INDIVIDUAL shall mean any individual who has sight so defective as
to seriously limit his or her ability to engage in the ordinary vocations and
activities of life.
001.02C.
CONTESTED CASE shall mean a proceeding before NCBVI in
which the legal rights, duties, or privileges of specific parties are required
by Title I of the Vocational Rehabilitation Act of 1973, as amended, or by
Nebraska Revised Statute
71-8614, to be
determined after a hearing before a hearing officer.
001.02D.
DIRECTOR
shall mean the Executive Director of the Nebraska Commission for the Blind and
Visually Impaired.
001.02E.
EX PARTE COMMUNICATION shall mean an oral or written
communication which is not on the record in a contested case with respect to
which reasonable notice to alt parties was not given. Ex parte communication
shall not include:
001.02E1.
COMMUNICATIONS which do not pertain to the merits of a
contested case;
001.02E2.
COMMUNICATIONS required for the disposition of ex
parte matters as authorized by law;
001.02E3.
COMMUNICATIONS in a ratemaking or rulemaking
proceeding; and
001.02E4.
COMMUNICATIONS to which all parties have given
consent.
001.02F.
FAMILY MEMBER shall mean any relative by blood,
adoption, or marriage of a blind individual and other individual living in the
same household with whom the blind individual has a close interpersonal
relationship.
001.02G.
HEARING OFFICER shall mean the person or persons
conducting a hearing pursuant to this Chapter whether designated as the
presiding officer, administrative law judge, or some other title
designation.
001.02H.
NCBVI shall mean the Nebraska Commission for the Blind
and Visually Impaired, which is administered by the Director and the governing
Board.
001.02I.
NCBVI
PERSONNEL shall mean any NCBVI staff specialist assigned to work
with the applicant or recipient.
001.02J.
PARTY means
the person by or against whom a contested case is brought or a person allowed
to intervene in a contested case.
001.02K.
PETITION
means the initial document filed with the Director that sets forth a claim and
request for action by NCBVI.
001.02L
PETITIONER
shall mean a blind individual who is an applicant for, or recipient of, NCBVI
Services who is dissatisfied with any written determination made by NCBVI
personnel concerning the provision of vocational rehabilitation services, and
shall include the applicant's representative, if the applicant or recipient
lacks capacity.
001.02M.
PREFERRED FORMAT shall mean the format individually
preferred to assure accessibility of written materials; to include print, large
print, Braille, electronic audio and text formats.
001.02N.
RESPONDENT
shall mean the Nebraska Commission for the Blind and Visually Impaired
(NCBVI).
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