4115-1-01 Definitions.

The following definitions apply to Chapters 4115-1 to 4115-7 of the Administrative Code:

(A)

(1) "A person with a severe disability" for the purpose of receiving employment or vocational training pursuant to sections 4115.31 to 4115.35 of the Revised Code means an individual:

(a) Who has a severe physical, visual or mental disability resulting from an injury, disease, or congenital defect, which creates a limiting condition to the person's functional capability to engage in normal competitive employment over an extended period of time. Functional capability, including, but not limited to, such factors as mobility, communication, self-care, self-direction, work tolerance, or work skills, can be determined on a basis of an evaluation of rehabilitation potential.

(b) A person with a severe disability who is able to engage in normal competitive employment because the person has overcome his/her disability is not a person with a severe disability within the meaning of paragraph (A)(1)(a) of this rule. Capability for normal competitive employment shall be determined from information developed by an ongoing placement program conducted by the qualified nonprofit agency. Such placement programs shall include at least a pre-admission evaluation and annual review to determine each person's capability for normal competitive employment and maintenance of liaison with appropriate community services for the placement in such employment of any persons who may qualify for such placement.

(2) "A person with a severe disability" for the purpose of representing persons with severe disabilities upon the state committee for the purchase of products and services provided by persons with severe disabilities pursuant to division (A) of section 4115.32 of the Revised Code means an individual:

(a) Who has a severe physical, visual, or mental disability resulting from an injury, disease, or congenital defect, which creates a limiting condition to the person's functional capability to engage in major life activities.

(b) Who may be able to engage in normal competitive employment because the person has overcome his/her disability with respect to such employment.

(B) "Substantial barrier to employment" means that a physical or mental disability (in light of attendant medical, psychological, vocational, educational, and other related factors) impedes an individual's occupational performance, by preventing his from obtaining, retaining or preparing for employment consistent with the person's capacities and abilities.

(C) "Qualified nonprofit agency for persons with severe disabilities" means an agency:

(1) Organized under the laws of the United States or of Ohio, operated in the interest of persons with severe disabilities, and no part of the net income which inures to the benefit of any shareholder or other individual;

(2) Which is certified as a sheltered workshop or work activity center by the wage and hour division of the United States department of labor (in cases where the community rehabilitation program is not certified by the U.S. Department of labor, this requirement may be waived by the committee);

(3) Which complies with the applicable occupational health and safety standards required by the laws of the United States or of this state;

(4) Which in the manufacture of products and in the provision of services, whether or not procured under sections 4115.31 to 4115.35 of the Revised Code, the qualified nonprofit agency must employ, during the fiscal year of product production or service provision, persons with severe disabilities at a quota of not less than seventy-five per cent of the total man-hours of direct labor on all production, whether or not government related.

(D) "Committee" means the state committee for the purchase of products and services provided by persons with severe disabilities.

(E) "Central nonprofit agency" means an agency authorized by the committee and qualified nonprofit agencies to facilitate the distribution of orders among the participating qualified nonprofit agencies according to division (A) of section 4115.35 of the Revised Code.

(F) "Workshop" means a work center or work activity center for persons with severe disabilities geographically located in the state of Ohio.

(G) "Government(s)" means any state agency, political subdivision, or instrumentality of the state.

(H) "Political subdivision" means any county, township, village, school district, or special purpose district.

(I) "Instrumentality of the state" means any board, commission, authority, public corporation, college, university, or other educational institution or any other entity supported in whole or in part by funds appropriated by the general assembly.

(J) "Ordering office" means any purchasing activity of the government by which orders are placed for the procurement of any product or site-specific service on the procurement list.

(K) "Fiscal year" means the twelve-month period beginning on July first of each year.

(L) "State use program or program" means the statutory program established under sections 4115.31 to 4115.35 of the Revised Code.

(M) "NIGP code number" means the national institute of governmental purchasing code numbering system for assigning commodity codes to various products and services.

(N) "Procurement list" means a listing of all products and site-specific services approved by the committee under the authority of sections 4115.31 to 4115.35 of the Revised Code.

(O) "Determination of suitability" means the process by which the committee determines whether a product or service proposed to be furnished by a qualified nonprofit agency satisfies the criteria listed in paragraph (B) of rule 4115-7-05 of the Administrative Code.

(P) "Suitable for procurement" means that a product or service proposed to be furnished by a qualified nonprofit agency satisfies the criteria listed in paragraph (B) of rule 4115-7-05 of the Administrative Code.

(Q) "Site-specific" means services determined to be suitable by the committee for procurement including, but not limited to, janitorial and lawn care services, provided by a qualified nonprofit agency at a specific geographical location of a state agency, political subdivision or instrumentality of the state.

R.C. 119.032 review dates: 05/13/2003 and 04/07/2005

Promulgated Under: 119.03

Statutory Authority: 4115.33

Rule Amplifies: 4115.31 to 4115.35

Prior Effective Dates: 9/29/97, 10/9/97, 3/23/03