Chapter 3304-1 General Rules

The rehabilitation services commission (“RSC”) is the sole state agency designated to administer the plan under the Rehabilitation Act of 1973, 87 Stat. 355.29 U.S.C. 701, as amended. RSC is composed, in part, of three bureaus:

(A) The bureau of vocational rehabilitation (“BVR”) provides vocational rehabilitation services to persons with disabilities other than visual.

(B) The bureau of services for the visually impaired (“BSVI”) provides vocational rehabilitation services to persons who are legally blind, and to persons who are visually impaired.

(C) The bureau of disability determination (“BDD”) makes determinations on all claims for social security disability insurance benefits and supplemental security income payments.

R.C. 119.032 review dates: 11/28/2007 and 11/28/2012

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 3304.15, 3304.16(D)

Prior Effective Dates: 10/03/1983, 1/7/2003

(A) Each RSC administrative rule, and every part of each such rule, constitutes an independent rule, or part of a rule, and the holding of any such rule, or part of a rule, to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule.

(B) The commission authorizes the RSC executive director or the RSC assistant executive director to approve the filing of each rule adopted, amended, or rescinded.

(C) All federal statutes and all rules, regulations, and other guidelines promulgated or adopted by the social security administration relative to the social security disability insurance program or supplemental security income program are available from the office of the BDD director.

Effective: 04/11/2008

R.C. 119.032 review dates: 01/14/2008 and 01/07/2013

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 3304.15, 3304.16(A) and (J)

Prior Effective Dates: 3/6/1978, 2/17/1983, 1/7/2003

(A) Any person may learn the time and place of all regularly scheduled commission meetings and the time, place, and purpose of all special meetings by:

(1) Writing to the office of the RSC executive director.

(2) Calling RSC’s general information telephone number during normal business hours.

(3) Checking the RSC website:

www.rsc.ohio.gov/commissioners_listing.and scrolling down the screen to view the commission meeting schedule.

(B) Any news organization may obtain notice of all special commission meetings by requesting in writing that such notices be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to the office of the RSC executive director.

(1) The request shall provide the name of the individual media representative to be contacted, the U.S. postal mailing address, an electronic mailing address and a maximum of two telephone numbers. RSC shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

(2) When there is a special meeting that is not an emergency, RSC shall notify all media representatives on the list by telephone or electronic mail no later than twenty-four hours prior to the special meeting. Telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort, RSC has been unable to provide such telephone notice. Electronic notice shall be complete once sent without receiving a notice that the message was undeliverable.

(3) When there is a special emergency meeting, RSC shall notify all media representatives on the list of such meeting by providing the notice described in paragraph (B)(2) of this rule. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

(4) In giving the notices required by paragraphs (B) to (B)(3) of this rule, RSC may rely on assistance provided by any member of the commission and any such notice is complete if given by such member in the manner provided in paragraphs (B) to (B)(3) of this rule.

(C) RSC shall maintain a list of all persons who have requested, in writing, notice of all commission meetings at which specific subject matters designated by such persons are scheduled to be discussed. No later than ten days prior to each meeting, RSC shall send by first-class postal mail or by electronic mail a meeting agenda to such persons.

Effective: 04/11/2008

R.C. 119.032 review dates: 01/14/2008 and 01/07/2013

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 121.22(F)

Prior Effective Dates: 11/28/1975, 12/21/1976, 10/3/1983, 11/10/1997, 1/7/2003

The commission authorizes the RSC executive director to perform the following duties:

(A) Appoint without engaging in any unlawful discriminatory practices based upon age

(forty years or older), color, disability, national origin, race, religion, sex (including sexual harassment), or veteran status, such other professional, administrative, and clerical staff members as are necessary to carry out the functions of the commission, and the commission hereby gives its approval for all such appointments.

(B) Remove or take any other disciplinary action without engaging in any unlawful discriminatory practices based upon age (forty years or older), color, disability, national origin, race, religion, sex (including sexual harassment), or veteran status that the executive director deems necessary with any RSC employee, except for the assistant executive director or any bureau director, and hereby gives its approval for all such actions.

(C) Sign or authorize designees to sign all grants and contract service agreements awarded by RSC to individuals, and to public and other non-profit agencies and organizations.

(D) Insure that every contract service agreement and grant that is awarded by RSC shall be audited on the basis of the terms and conditions of the contract service plan or grant, and that an audit exception shall be taken or awarded based upon the audit results.

Effective: 09/22/2008

R.C. 119.032 review dates: 11/28/2012

Promulgated Under: 111.15

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 3304.14, 3304.15, 3304.16(J), 4112.01(A)(2), 4112.02(A)

Prior Effective Dates: 3/6/1978, 2/17/1983, 11/10/1997, 1/7/2003

(A) RSC shall conduct a public hearing for all administrative rules filed in compliance with Chapter 119. of the Revised Code.

(B) At least thirty days before the public hearing, RSC shall prepare a notice of public hearing, which includes all of the following:

(1) A statement that it is RSC’s intention to propose, amend, or rescind rules.

(2) The date, time, and place of the hearing.

(3) A general statement of the subject matter to which the proposed rule(s), amendment(s), or rescission(s) relate.

(4) The reason for proposing, amending, or rescinding the rule(s).

(5) A statement that the rule(s) shall be available for review, free of charge, at the office of the RSC executive director.

(6) A statement that the notice of the public hearing and/or the full text(s) of the rule(s) is available from the office of the RSC executive director to any person who requests it and pays a fee not to exceed the cost of copying and mailing.

(7) A statement that the public hearing shall be conducted in accordance with Chapter 119. of the Revised Code.

(C) At least thirty days before all public hearings, except for those relating to Chapter 3304:1-21 of the Administrative Code, RSC shall mail, by first-class postal mail or electronic mail, the notice of public hearing to:

(1) The RSC consumer advisory council liaisons; and

(2) The executive secretary of the Ohio governor’s council on people with disabilities.

(D) At least thirty days before all public hearings for an administrative rule, which relates to the group’s area of interest, RSC shall mail, by first-class postal mail or electronic mail, the notice of public hearing to:

(1) The president and executive director of the Ohio association of rehabilitation facilities;

(2) The board of the Ohio vendors representative committee; and

(3) The president of Ohio goodwill association.

(E) The members of the committees and councils listed in paragraphs (C) and (D) of this rule shall be requested to inform RSC of the mail method (postal or electronic) by which they prefer to receive the notice of public hearing.

(F) The members of the committees and councils listed in paragraphs (C) and (D) of this rule shall be requested to notify the groups they represent about the public hearing.

(G) The notice of public hearing shall be posted on the RSC website at http://www.rsc.ohio.gov/Hot_News/index.asp.

(H) At least thirty days before the public hearing, RSC shall submit the notice of public hearing to the legislative service commission for publication in the register of Ohio.

Effective: 04/11/2008

R.C. 119.032 review dates: 01/14/2008 and 01/07/2013

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 119.03(A)(4)

Prior Effective Dates: 10/29/1981, 11/10/1997, 1/7/2003, 12/10/2007

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

(A) RSC shall audit organizations or individuals receiving its funds as it deems necessary to assure proper control of those funds.

(1) After the RSC executive director’s determination of audit findings, RSC shall release the following to the audited party:

(a) The audit report,; and

(b) The appeal procedures,; and if applicable,

(c) A request for a billing if RSC owes money to the audited party, or a bill if the audited party owes money to RSC.

(2) If the audited party does not file an objection or a request for clarification by the deadline listed in paragraph (B)(1) of this rule, if it owes RSC money, and if the amount owed is not submitted within forty-five days of receipt of RSC’s billing, the account shall be submitted to the attorney general for collection.

(3) The audit shall be closed when one of the following occurs:

(a) Neither the audited party nor RSC owes money to the other and the deadline for submitting an objection or request for clarification (listed in paragraph (B)(1) of this rule) has passed; or

(b) RSC approves the audited party’s billing for payment; or

(c) The audited party submits its payment to RSC; or

(d) An audit is turned over to the attorney general’s office for non-payment.

(4) After the audit is closed, the audit report shall be released to the auditor of state, and to the RSC division of finance. Other parties may receive copies upon request and upon payment of duplication and mailing costs.

(B) If the audited party objects to the audit report in paragraph (A)(1)(a) of this rule or requires an explanation of it, the objection to the report or request for an explanation shall be made in this manner:

(1) The written objection or request for clarification shall be sent to the RSC executive director by certified mail (return receipt requested) within ten calendar days of receipt of the RSC audit report.

(2) The audited party shall then have thirty days after sending the letter of objection to RSC, or thirty days after receipt of RSC’s clarification, to submit written substantiation that the findings are not correct; this written substantiation shall be submitted to RSC.

(3) After determination by the RSC executive director, RSC shall notify the audited party, by mail, about the determination; and, when applicable, shall also mail a request for a billing if RSC owes money to the audited party or a bill if the audited party owes money to RSC.

(4) The audit shall be closed as described in paragraphs (A)(3) to (A)(3)(b) of this rule, and then the audit report shall be released as described in paragraph (A)(4) of this rule.

(5) If the amount owed to RSC is not paid within forty-five days of receipt of RSC’s billing, the account shall be submitted to the attorney general for collection.

Effective: 04/11/2008

R.C. 119.032 review dates: 01/14/2008 and 01/07/2013

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 3304.15, 3304.16(K)(3) and (5)

Prior Effective Dates: 3/6/1978, 10/29/1981, 11/10/1997, 1/7/2003

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

Community rehabilitation programs include those service providers that are preliminarily accredited, accredited or certified in accordance with paragraphs (A) and (B) of this rule.

(A) A community rehabilitation program seeking to establish a fee for vocational rehabilitation (VR) services on the RSC fee schedule on or after the effective date of this rule and before admitting and/or serving the first RSC consumer in any of its VR programs shall be preliminarily accredited, accredited or certified by the commission on accreditation of rehabilitation facilities (CARF), as appropriate, in one or more of the following categories of VR service that it provides to consumers: vocational evaluation, work adjustment, personal adjustment, job placement, job coaching, and community-based assessment service programs; or, for orientation and mobility and rehabilitation teaching services only, by the academy for certification of vision rehabilitation and education professionals (ACVREP).

(1) If the community rehabilitation program provides all of its VR services directly to consumers, the community rehabilitation program shall determine in which of the service categories it will secure certification, accreditation, or preliminary accreditation, appropriate.

(2) If the community rehabilitation program subcontracts any of its VR services through other providers, it must obtain accreditation or preliminary accreditation, as appropriate, in all VR services in which it subcontracts.

(3) The community rehabilitation program approved and listed on the RSC vocational rehabilitation service provider fee schedule as of the effective date of this rule must obtain accreditation as follows:

(a) All community rehabilitation programs shall renew accreditation according to the established resurvey process and obtain accreditation according to paragraph (A) of this rule; and/or

(b) Community rehabilitation programs that subcontract VR services through other providers shall obtain accreditation in all subcontracted VR services within one year of the effective date of this rule.

(4) Community rehabilitation programs with ACVREP certification must provide proof of liability insurance to RSC.

(B) Additional credentialing bodies for VR services include the national accreditation council (NAC) for agencies serving people with blindness or visual impairment, national blindness professional certification board (NBPCB) certification for center-based adjustment to blindness training and the joint commission (TJC) for accreditation in behavioral health care.

(1) If the community rehabilitation program subcontracts any of its VR services through other providers, it must obtain preliminary accreditation or accreditation in all VR services in which it subcontracts unless the credentialing body identified in paragraph (B) of this rule routinely surveys all services, including subcontracted services, in the course of the accreditation process.

(2) The community rehabilitation program approved and listed on the RSC vocational rehabilitation service provider fee schedule as of the effective date of this rule must obtain preliminary accreditation, accreditation or, if already accredited, maintain accreditation according to the resurvey process established by the appropriate credentialing body listed in paragraph (B) of this rule.

(C) The community rehabilitation program shall submit to RSC documentation from the appropriate body verifying preliminary accreditation, accreditation or certification. RSC shall not purchase services from any community rehabilitation program that does not obtain accreditation following preliminary accreditation and/or maintain appropriate accreditation or certification status.

(D) The RSC area manager or his/her designee shall conduct a review of each new community rehabilitation program prior to utilizing its services in that area. The review will only be scheduled if the area has a need for the new services.

(E) Prior to utilization and when requested by RSC, the community rehabilitation program shall submit the following information to RSC:

(1) Accreditation/certification.

(2) Types of services.

(3) Fees for services.

(4) Program staffing.

(5) Referral procedures.

(6) Program accessibility.

(7) Business/liability insurance.

(8) Business references.

(9) Other documentation, as deemed necessary by RSC.

(F) The community rehabilitation program shall give RSC a thirty-day notice of any change in program structures.

(G) The community rehabilitation program shall submit its fee schedule to RSC annually, no later than sixty days prior to the beginning of each federal fiscal year. The annual submission shall include all fee increases for the upcoming federal fiscal year.

(H) RSC may waive any paragraph or paragraphs of this rule if necessary to appropriately serve RSC consumers. The area manager or his/her designee shall request with justification a waiver from the executive director of RSC.

(I) The community rehabilitation program shall honor the rights and responsibilities of RSC consumers as defined in RSC’s strategic plan and consumer handbook.

Effective: 06/05/2009

R.C. 119.032 review dates: 09/01/2013

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16

Rule Amplifies: 3304.16 (K)(2)

Prior Effective Dates: 7/17/92, 6/10/98, 5/1/03, 10/1/08

When RSC purchases a good or service from any vendor or service provider, the vendor or service provider shall submit the bill to RSC within ninety days of RSC’s acceptance of the good or service or within ninety days of the date RSC becomes aware of a bill being due. If the vendor or service provider can not submit the bill within ninety days, the vendor or service provider may request an extension indicating the reason for needing an extension and the amount of time needed. The request for an extension must be made in writing to the RSC executive director at least thirty days before the bill is due. If the bill is not submitted to RSC within ninety days of acceptance of the good or service or if a written extension is not requested, RSC shall not pay the bill. When RSC asks a vendor to bill a third party before billing RSC, that vendor shall submit the bill within ninety days of receiving payment from the third party.

R.C. 119.032 review dates: 11/28/2007 and 11/28/2012

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 3304.16(A)

Prior Effective Dates: 2/9/1995, 1/7/2003

(A) RSC shall purchase goods and services from certified minority business enterprise (MBE)(“MBE”) providers in accordance with state of Ohio purchasing guidelines.

(B) RSC will purchase goods and services from a certified historically under-utilized business (HUB)encouraging diversity, growth and equity (“EDGE”) vendors in accordance with state of Ohio purchasing guidelines.

Effective: 04/11/2008

R.C. 119.032 review dates: 01/14/2008 and 01/07/2013

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.15

Prior Effective Dates: 9/1/1999