Chapter 3304 | Worker Retraining

Section 3304.11 | Rehabilitation definitions.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

As used in sections 3304.11 to 3304.27 of the Revised Code:

(A) "Eligible individual with a disability" means an individual who has a physical or mental impairment that constitutes or results in a substantial impediment to employment and who requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment.

(B) "Physical or mental impairment" means any physiological, mental, or psychological disorder.

(C) "Substantial impediment to employment" means a physical or mental impairment that hinders an individual from preparing for, entering into, engaging in, advancing in, or retaining employment consistent with the individual's abilities and capabilities.

(D) "Vocational rehabilitation services" has the same meaning as defined in section 361.5 of Title 34 of the Code of Federal Regulations, 34 C.F.R. 361.5.

(E) "Establishment of a rehabilitation facility" means the expansion, remodeling, or alteration of an existing building that is necessary to adapt or to increase the effectiveness of that building for rehabilitation facility purposes, the acquisition of equipment for these purposes, and the initial staffing.

(F) "Construction" means the construction of new buildings, acquisition of land or existing buildings and their expansion, remodeling, alteration and renovation, and the initial staffing and equipment of any new, newly acquired, expanded, remodeled, altered, or renovated buildings.

(G) "Maintenance" means monetary support provided to an individual for expenses such as food, shelter, and clothing that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and need for vocational rehabilitation services or the individual's receipt of vocational rehabilitation services under an individualized plan for employment.

Section 3304.12 | Opportunities for Ohioans with disabilities council.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

(A) There is hereby created a state rehabilitation services council to be known as the opportunities for Ohioans with disabilities council. The opportunities for Ohioans with disabilities agency shall provide administrative support to the council. The council shall consist of the following members:

(1) An individual who represents a parent training and information center established in accordance with the federal "Individuals with Disabilities Education Act," 20 U.S.C. 1400;

(2) A full-time employee of a client assistance program described in 34 C.F.R. 370.1;

(3) A vocational counselor who has knowledge of and experience with vocational rehabilitation services;

(4) An individual who represents community rehabilitation program service providers;

(5) Four individuals each representing business, industry, or labor interests;

(6) An individual who represents an organization that advocates on behalf of individuals with physical, cognitive, sensory, or mental disabilities;

(7) An individual who represents individuals with disabilities who are unable to represent or have difficulty representing themselves;

(8) An individual who has applied for or received vocational rehabilitation services;

(9) An individual who represents institutions of secondary or higher education;

(10) An individual from the governor's executive workforce board established by section 6301.04 of the Revised Code;

(11) An individual from the department of education and workforce with knowledge of and experience with the "Individuals with Disabilities Education Act";

(12) An individual who represents the Ohio statewide independent living council.

A majority of the members of the council shall be individuals with disabilities who are not employed by the opportunities for Ohioans with disabilities agency.

The executive director of the opportunities for Ohioans with disabilities agency shall serve as a nonvoting member of the council. If a member of the council is an employee of the opportunities for Ohioans with disabilities agency, then that member also shall serve as a nonvoting member of the council.

(B)(1) All council members shall be appointed by the governor. The governor shall make initial appointments to the council not later than sixty days after June 1, 2018. Of the initial appointments, five shall be for terms of three years, five for terms of two years, and five for terms of one year. Thereafter, terms shall be three years.

(2) When a term expires or a vacancy occurs before a term expires, a successor member shall be appointed. A member appointed to fill a vacancy occurring before the expiration of a term for which the member's predecessor was appointed shall hold office for the remainder of that term.

(3) Except for the member described in division (A)(2) of this section and the executive director of the opportunities for Ohioans with disabilities agency, no person shall serve more than two consecutive terms on the council. Terms shall be considered consecutive unless they are separated by a period of three or more years. In determining a person's eligibility to serve on the council under this division, both of the following shall apply:

(a) Time spent on the council while serving the remainder of an unexpired term to which another person was first appointed shall not be considered, provided that a period of at least three years passed between the time, if any, in which the person previously served on the council and the time the person is appointed to fulfill the unexpired term.

(b) A person who is appointed to serve on the council at the beginning of a term and resigns before completing that term shall be considered to have served the full term.

(C) Each member of the council shall serve without compensation, except to the extent that serving on the council is considered part of the member's regular duties of employment. Each member shall be reimbursed for actual expenses incurred in the performance of the member's official duties, including expenses for travel and personal assistance services.

Last updated September 7, 2023 at 12:35 PM

Section 3304.13 | Meetings; chairperson; standards of conduct.

• Effective: June 1, 2018
• Latest Legislation: Senate Bill 144 - 132nd General Assembly

The opportunities for Ohioans with disabilities council shall hold its first meeting at the call of the governor. Regular meetings shall be held not less than four times a year. Special meetings may be held with the approval of the governor. Eight members constitute a quorum.

The council, by a majority vote, shall select one of its members to serve as its chairperson. The member selected shall serve as chairperson for one year, unless removed earlier by a majority vote of the council.

The council shall establish standards for the conduct of council business.

A council member who has a conflict of interest on a matter before the council shall not participate in council discussions and votes on the matter.

Last updated November 20, 2024 at 5:38 PM

Section 3304.14 | Duties of council.

• Effective: June 1, 2018
• Latest Legislation: Senate Bill 144 - 132nd General Assembly

(A) The opportunities for Ohioans with disabilities council, in collaboration with the governor's office of workforce transformation, shall do all of the following:

(1) Examine all of the following related to the state vocational rehabilitation program:

(a) The process for determining eligibility, including the order of selection;

(b) The extent, scope, and effectiveness of services provided;

(c) The impact of state agency actions on the ability of individuals with disabilities to achieve employment outcomes through the program.

(2) Advise the opportunities for Ohioans with disabilities agency regarding the examination described in division (A)(1) of this section;

(3) In partnership with the opportunities for Ohioans with disabilities agency and as required by 34 C.F.R. 361.29(c), identify, develop, agree, and review state goals and priorities relating to the vocational rehabilitation services portion of the unified or combined state plan submitted in accordance with the "Workforce Innovation and Opportunity Act of 2014," 29 U.S.C. 3102;

(4) In partnership with the opportunities for Ohioans with disabilities agency and as required by 34 C.F.R. 361.29(e), evaluate the effectiveness of the vocational rehabilitation program and prepare and submit to the United States secretary of education an annual report on the progress made in improving the program's effectiveness as part of the unified or combined state plan;

(5) Advise the opportunities for Ohioans with disabilities agency regarding vocational rehabilitation program activities;

(6) Assist the opportunities for Ohioans with disabilities agency in the preparation of the vocational rehabilitation services portion of the unified or combined state plan, any amendments to the plan, and any reports, needs assessments, or evaluations required as part of the plan;

(7) To the extent feasible, evaluate the satisfaction that individuals with disabilities served by the vocational rehabilitation program have with and the effectiveness of the following:

(a) The duties performed or services provided by the opportunities for Ohioans with disabilities agency;

(b) The vocational rehabilitation services provided by state agencies or other entities responsible for providing vocational rehabilitation services to individuals under the "Rehabilitation Act of 1973," 29 U.S.C. 701;

(c) The employment outcomes achieved under the vocational rehabilitation services program, including the availability of health and other employment benefits.

(8) Not later than ninety days after the end of each federal fiscal year, prepare and submit to the governor and the United States secretary of education a report concerning the status of vocational rehabilitation programs available within the state and make the report available to the public through appropriate means;

(9) Coordinate efforts with other entities to increase the number of individuals receiving vocational rehabilitation services, including the following: the Ohio statewide independent living council; the advisory panel established under section 3323.06 of the Revised Code; the Ohio developmental disabilities council created by section 5123.35 of the Revised Code; the entity serving as this state's state mental health planning council, as described in the "Public Health Services Act," 42 U.S.C. 300x-3; the governor's executive workforce board established by section 6301.04 of the Revised Code; and the entities performing activities under the "Assistive Technology Act of 1998," 29 U.S.C. 3001 et seq.;

(10) Engage in efforts to improve coordination and establish relationships between the opportunities for Ohioans with disabilities agency, the Ohio statewide independent living council, and the centers for independent living;

(11) Perform any other functions consistent with the purposes of the "Rehabilitation Act of 1973," 29 U.S.C. 701, and the duties of the council.

(B) The opportunities for Ohioans with disabilities agency shall assist the opportunities for Ohioans with disabilities council in performing its duties and shall collaborate with the council in developing a resource plan in compliance with federal law.

Section 3304.15 | Opportunities for Ohioans with disabilities agency; appointment of executive director; authority.

• Effective: August 18, 2019
• Latest Legislation: Senate Bill 221 - 132nd General Assembly

(A) There is hereby created the opportunities for Ohioans with disabilities agency. The agency is the designated state unit authorized under the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 701, as amended, to provide vocational rehabilitation services to eligible individuals with disabilities.

(B) The governor shall appoint an executive director of the opportunities for Ohioans with disabilities agency to serve at the pleasure of the governor and shall fix the executive director's compensation. The executive director shall devote the executive director's entire time to the duties of the executive director's office, shall hold no other office or position of trust and profit, and shall engage in no other business during the executive director's term of office. The governor may grant the executive director the authority to appoint, remove, and discipline without regard to sex, race, creed, color, age, or national origin, such other professional, administrative, and clerical staff members as are necessary to carry out the functions and duties of the agency.

The executive director of the opportunities for Ohioans with disabilities agency is the executive and administrative officer of the agency. Whenever the Revised Code imposes a duty on or requires an action of the agency, the executive director shall perform the duty or action on behalf of the agency. The executive director may establish procedures for all of the following:

(1) The governance of the agency;

(2) The conduct of agency employees and officers;

(3) The performance of agency business;

(4) The custody, use, and preservation of agency records, papers, books, documents, and property.

(C) The executive director shall have exclusive authority to administer the daily operation and provision of vocational rehabilitation services under this chapter. In exercising that authority, the executive director may do all of the following:

(1) Adopt rules in accordance with Chapter 119. of the Revised Code;

(2) Prepare and submit an annual report to the governor;

(3) Certify any disbursement of funds available to the agency for vocational rehabilitation services;

(4) Take appropriate action to guarantee rights of vocational rehabilitation services to eligible individuals with disabilities;

(5) Consult with and advise other state agencies and coordinate programs for eligible individuals with disabilities;

(6) Comply with the requirements for match as part of budget submission;

(7) Establish research and demonstration projects;

(8) Accept, hold, invest, reinvest, or otherwise use gifts to further vocational rehabilitation services;

(9) For the purposes of the business enterprise program administered under sections 3304.28 to 3304.35 of the Revised Code:

(a) Establish and manage small business entities owned or operated by individuals who are blind;

(b) Purchase insurance;

(c) Accept computers.

(10) Enter into contracts and other agreements for the provision of vocational rehabilitation services.

(D) The executive director, by rule adopted under Chapter 119. of the Revised Code, shall establish a fee schedule for vocational rehabilitation services in accordance with 34 C.F.R. 361.50.

Section 3304.16 | Administrative subdivisions.

• Effective: September 29, 2013
• Latest Legislation: House Bill 59 - 130th General Assembly

The executive director of the opportunities for Ohioans with disabilities agency shall establish administrative subdivisions as necessary or appropriate to carry out the agency's functions and duties, but there shall be a bureau of services for the visually impaired and a bureau of vocational rehabilitation, each of which has as its head a deputy director appointed by the executive director. The executive director shall prescribe the budgets for the government of each division, and rules for the conduct of its employees, the performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.

Section 3304.17 | Agency to provide vocational rehabilitation services to eligible individuals with disabilities.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

The opportunities for Ohioans with disabilities agency shall provide vocational rehabilitation services to all eligible individuals with disabilities, including any eligible individual with a disability who is eligible under the terms of an agreement or arrangement with another state or with the federal government. If vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the state who apply for vocational rehabilitation services, the agency shall implement an order of selection in accordance with 34 C.F.R. 361.36.

Section 3304.171 | Creation of account with OhioMeansJobs web site.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

(A) As used in this section, "OhioMeansJobs web site" has the same meaning as in section 6301.01 of the Revised Code.

(B) Each eligible individual receiving vocational rehabilitation services provided under section 3304.17 of the Revised Code shall create an account with the OhioMeansJobs web site upon initiation of a job search as a part of receiving those vocational rehabilitation services.

(C) Division (B) of this section does not apply to any eligible individual with a disability who is legally prohibited from using a computer, has a physical or visual impairment that makes the eligible individual with a disability unable to use a computer, or has a limited ability to read, write, speak, or understand a language in which the OhioMeansJobs web site is available.

Section 3304.18 | Federal funds.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

The treasurer of state shall be the custodian of all moneys received from the federal government for vocational rehabilitation services programs and shall disburse the money upon the certification of the executive director of the opportunities for Ohioans with disabilities agency. If federal funds are not available to the state for vocational rehabilitation services, the governor shall include as part of the governor's biennial budget request to the general assembly a request for funds sufficient to support the activities of the agency.

Section 3304.181 | Solicitation of additional funds.

• Effective: September 29, 2013
• Latest Legislation: House Bill 59 - 130th General Assembly

If the total of all funds available from nonfederal sources to support the activities of the opportunities for Ohioans with disabilities agency does not comply with the expenditure requirements of 34 C.F.R. 361.60 and 361.62 for those activities or would cause the state to lose an allotment or fail to receive a reallotment under 34 C.F.R. 361.65, the agency may solicit additional funds from, and enter into agreements for the use of those funds with, private or public entities, including local government entities of this state. The agency may continue to solicit additional funds and enter into agreements until the total funding available is sufficient for the agency to receive federal funds at the maximum amount and in the most advantageous proportion possible.

Any agreement entered into between the agency and a private or public entity to provide funds under this section shall be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the Revised Code.

Section 3304.182 | Percentage of funds for administration.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

Any agreement between the opportunities for Ohioans with disabilities agency and a private or public entity providing funds under section 3304.181 of the Revised Code may permit the agency to receive a specified percentage of the funds, but the percentage shall be not more than twenty-five per cent of the total funds available under the agreement. The agency may terminate an agreement at any time for just cause. It may terminate an agreement for any other reason by giving at least thirty days' notice to the public or private entity.

Any vocational rehabilitation services provided under an agreement entered into under section 3304.181 of the Revised Code shall be provided by a person or government entity that meets the accreditation standards established in rules adopted by the agency under section 3304.15 of the Revised Code.

Section 3304.19 | Right to living maintenance not transferable or assignable or subject to execution.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

Any maintenance provided under sections 3304.11 to 3304.27 of the Revised Code is not transferable or assignable at law or in equity, and none of the money paid or payable or rights existing under this chapter are subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

Section 3304.20 | Request for administrative review.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

Any eligible individual with a disability applying for or receiving vocational rehabilitation services who is dissatisfied with regard to the furnishing or denial of vocational rehabilitation services, may file a request for an administrative review and redetermination of that action in accordance with rules of the opportunities for Ohioans with disabilities agency. When the eligible individual with a disability is dissatisfied with the finding of this administrative review, the eligible individual with a disability is entitled, in accordance with agency rules and in accordance with Chapter 119. of the Revised Code, to a fair hearing before the executive director of the agency.

Section 3304.21 | Prohibition against use of information.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

No person shall, except for the purposes of sections 3304.11 to 3304.27 of the Revised Code, and in accordance with the rules established by the opportunities for Ohioans with disabilities agency, solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of any list of names or information concerning eligible individuals with disabilities applying for or receiving any vocational rehabilitation services from the agency, which information is directly or indirectly derived from the records of the agency or is acquired in the performance of the person's official duties.

Section 3304.22 | Prohibition against use of program for partisan political purposes - penalty.

• Effective: June 1, 2018
• Latest Legislation: Senate Bill 144 - 132nd General Assembly

No officer or employee of the opportunities for Ohioans with disabilities council, the opportunities for Ohioans with disabilities agency, or any person engaged in the administration of a vocational rehabilitation services program sponsored by or affiliated with the state shall use or permit the use of any vocational rehabilitation services program for the purpose of interfering with an election for any partisan political purpose; solicit or receive money for a partisan political purpose; or require any other person to contribute any service or money for a partisan political purpose. Whoever violates this section shall be removed from the officer's or employee's office or employment.

Section 3304.23 | Form for inclusion in database of persons with a communication disability.

• Effective: August 1, 2018
• Latest Legislation: House Bill 115 - 132nd General Assembly

(A) As used in this section:

(1) "Communication disability" means a human condition involving an impairment in the human's ability to receive, send, process, or comprehend concepts or verbal, nonverbal, or graphic symbol systems that may result in a primary disability or may be secondary to other disabilities.

(2) "Disability that can impair communication" means a human condition with symptoms that can impair the human's ability to receive, send, process, or comprehend concepts or verbal, nonverbal, or graphic symbol systems.

(3) "Guardian" has the same meaning as in section 2111.01 of the Revised Code.

(4) "Physician" means a person licensed to practice medicine or surgery or osteopathic medicine and surgery under Chapter 4731. of the Revised Code.

(5) "Psychiatrist" has the same meaning as in section 5122.01 of the Revised Code.

(6) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.

(B) The opportunities for Ohioans with disabilities agency shall develop a verification form for a person diagnosed with a communication disability or a disability that can impair communication to be submitted voluntarily to the department of public safety so that the person may be included in the database established under section 5502.08 of the Revised Code. The same form shall be used to indicate that the person wishes to be removed from the database in accordance with division (F) of section 5502.08 of the Revised Code.

(C) The form shall include the following information:

(1) The name of the person diagnosed with a communication disability or a disability that can impair communication ;

(2) The name of the person completing the form on behalf of the person diagnosed with a communication disability or a disability that can impair communication, if applicable;

(3) The relationship between the person completing the form and the person diagnosed with a communication disability or a disability that can impair communication, if applicable;

(4) The driver's license number or state identification card number issued to the person diagnosed with a communication disability or a disability that can impair communication, if that person has such a number;

(5) The license plate number of each vehicle owned, operated, or regularly occupied by the person diagnosed with a communication disability or a disability that can impair communication or registered in that person's name;

(6) A physician, psychiatrist, or psychologist's signed certification that the person has been diagnosed with a communication disability or a disability that can impair communication ;

(7) The name, business address, business telephone number, and medical license number of the physician, psychiatrist, or psychologist making the certification;

(8) The signature of the person diagnosed with a communication disability or a disability that can impair communication or the signature of the person completing the form on behalf of such a person ;

(9) A place where the person diagnosed with a communication disability or a disability that can impair communication or the person completing the form on behalf of such a person may indicate the desire to be removed from the database.

(D) Any of the following persons may complete the verification form:

(1) Any person diagnosed with a communication disability or a disability that can impair communication who is eighteen years of age or older;

(2) The parent or parents of a minor child diagnosed with a communication disability or a disability that can impair communication ;

(3) The guardian of a person diagnosed with a communication disability or a disability that can impair communication, regardless of the age of the person.

(E) The opportunities for Ohioans with disabilities agency and the department of public safety shall make the verification form electronically available on each of their respective web sites.

Section 3304.24 | Inclusive workplace award.

• Effective: September 30, 2021
• Latest Legislation: House Bill 110 - 134th General Assembly

Each October during national disability employment awareness month, the governor shall present an award to employers who meet the criteria for having a workplace inclusive of individuals with disabilities. The opportunities for Ohioans with disabilities agency shall determine the inclusive workplace criteria to be used to recommend employers for the award.

Last updated September 9, 2021 at 9:37 AM

Section 3304.27 | Vocational rehabilitation services subject to amendment or repeal of legislation.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

All vocational rehabilitation services made available under sections 3304.11 to 3304.27 of the Revised Code, are made available subject to amendment or repeal of those sections, and no eligible individual with a disability shall have any claim by reason of the eligible individual's vocational rehabilitation services being affected in any way by such an amendment or repeal.

Section 3304.28 | Bureau of services for visually impaired definitions.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

As used in sections 3304.28 to 3304.34 of the Revised Code:

(A) "Suitable vending facility" means automatic vending machines, cafeterias, snack bars, cart service shelters, counters, and other appropriate auxiliary food service equipment determined to be necessary by the bureau of services for the visually impaired for the automatic or manual dispensing of foods, beverages, and other such commodities for sale by individuals, no fewer than one-half of whom are blind, under the supervision of a licensed vendor who is blind or an employee of the opportunities for Ohioans with disabilities agency.

(B) "Blind" means either of the following:

(1) Vision twenty/two hundred or less in the better eye with proper correction;

(2) Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.

(C) "Governmental property" means any real property, building, or facility owned, leased, or rented by the state or any board, commission, department, division, or other unit or agency thereof, but does not include any institution under the management of the department of rehabilitation and correction pursuant to section 5120.05 of the Revised Code, or under the management of the department of youth services created pursuant to section 5139.01 of the Revised Code.

Section 3304.29 | Duties of bureau of services for visually impaired.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

The bureau of services for the visually impaired shall:

(A) Survey suitable vending facility concession opportunities for individuals who are blind on governmental property;

(B) Obtain and make public, information concerning employment opportunities for individuals who are blind in suitable vending facilities;

(C) License individuals who are blind to operate suitable vending facilities on governmental property;

(D) Adopt rules and do everything necessary and proper to carry out sections 3304.29 to 3304.34 of the Revised Code.

Section 3304.30 | Suitable vending facilities; establishment and requirements.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

Every person in charge of governmental property to be substantially renovated or who is responsible for the acquisition, lease, or rental of such property shall consult with the director of the bureau of services for the visually impaired prior to such renovation, acquisition, lease, or rental to determine if sufficient numbers of persons will be using such property to support a suitable vending facility. If the director determines that such property would be a satisfactory site for a suitable vending facility, provision shall be made for electrical outlets, plumbing fixtures, and other requirements for the installation and operation of a suitable vending facility. In the case of a state university, medical university, technical college, state community college, community college, university branch district, or state-affiliated college or university, the decision to establish a suitable vending facility shall be made jointly by the director of services for the visually impaired and proper administrative authorities of the state or state-affiliated college or university.

The bureau shall provide each suitable vending facility with equipment and an adequate initial stock of suitable articles to be vended. An inventory shall be made of each suitable vending facility at least once every six months. Each blind licensee may make the blind licensee's own inventory on forms prescribed by the bureau, provided that the bureau shall retain the right to make its own inventory at any mutually agreeable time. Each blind licensee may employ and discharge personnel required to operate the blind licensee's suitable vending facility, but employment preference shall be given to individuals who are blind and who are capable of discharging the required duties. At all times at least one-half of the employees shall be blind.

Section 3304.31 | Bureau may deny, revoke, or suspend licenses.

• Effective: April 6, 2023
• Latest Legislation: House Bill 281 - 134th General Assembly

(A) Licenses issued by the bureau of services for the visually impaired under section 3304.29 of the Revised Code shall be in effect until suspended or revoked. Except as provided in division (B) of this section, the bureau may deny, revoke, or suspend a license or otherwise discipline a licensee upon proof that the licensee is guilty of fraud or deceit in procuring or attempting to procure a license, is guilty of a felony or a crime of moral turpitude, is addicted to the use of habit-forming drugs or alcohol, or is mentally incompetent. Such license may also be denied, revoked, or suspended on proof of violation by the applicant or licensee of the rules established by the bureau for the operation of suitable vending facilities by individuals who are blind or if a licensee fails to maintain a vending facility as a suitable vending facility.

(B) The bureau shall not refuse to issue a license to an applicant because of a conviction of or plea of guilty to an offense unless the refusal is in accordance with section 9.79 of the Revised Code.

(C) Any individual who is blind and who has had the individual's license suspended or revoked or the individual's application denied by the bureau may reapply for a license and may be reinstated or be granted a license by the bureau upon presentation of satisfactory evidence that there is no longer cause for such suspension, revocation, or denial. Before the bureau may revoke, deny, or suspend a license, or otherwise discipline a licensee, written charges must be filed by the director of the bureau and a hearing shall be held as provided in Chapter 119. of the Revised Code.

Last updated March 10, 2023 at 11:27 AM

Section 3304.32 | Administrative hearings.

• Effective: July 30, 1980
• Latest Legislation: Senate Bill 298 - 113th General Assembly

If a dispute concerning the establishment of a suitable vending facility arises or if the bureau of services for the visually impaired determines that a department, agency, or governmental unit in control of governmental property has not complied with sections 3304.29 to 3304.34 of the Revised Code, an administrative hearing shall be held. The hearing shall be conducted by a board, which shall consist of one person designated by the director of the bureau who shall serve as chairman, one person designated by the head of the agency, department, or unit adversely affected, and a third person selected by mutual agreement of the two parties. If a third person cannot be mutually agreed on by the two parties, such person shall be designated by the governor. The board's adjudication of the dispute shall be conducted in accordance with Chapter 119. of the Revised Code, and any order issued by the Board shall be binding on both parties. An order issued by a board constituted under this section may be appealed in accordance with the procedure specified in section 119.12 of the Revised Code.

Section 3304.33 | Prohibition against private contract or concession to operate vending facility on governmental property.

• Effective: July 30, 1980
• Latest Legislation: Senate Bill 298 - 113th General Assembly

No private contract or concession to operate a vending facility on governmental property shall be granted unless the bureau of services for the visually impaired has determined that such facility is not a satisfactory site for a suitable vending facility operated by a blind licensee. Nothing in sections 3304.29 to 3304.34 of the Revised Code shall be construed to impair any valid contract existing prior to August 19, 1976, or to preclude the renegotiation of such contract on the same terms and with the same parties. The bureau of services for the visually impaired shall maintain adequate records to insure that vending facilities operated by blind licensees are suitable vending facilities.

Section 3304.34 | Vending facilities on federal property.

• Effective: December 2, 1996
• Latest Legislation: House Bill 670 - 121st General Assembly

Vending facilities on federal property shall be licensed in accordance with the "Randolph-Sheppard Vending Stand Act," 89 Stat. 2-8 (1974), 20 U.S.C. 107, as amended. In accordance with the requirements of that act, the bureau of services for the visually impaired shall conduct biennial elections of the Ohio vendors representative committee, which shall be fully representative of all blind licensees issued licenses under this chapter, and shall perform the functions assigned to the Ohio vendors representative committee under the "Randolph-Sheppard Vending Stand Act," as amended. The number of members and terms of office of the Ohio vendors representative committee shall be determined by the bureau of services for the visually impaired.

The director of the bureau shall meet with the committee semiannually, and special meetings may be called upon written request of the majority of the members of such committee or upon written request of the director of the bureau. Such special meetings shall convene within fifteen days of making such request. Committee members shall be paid their actual and necessary expenses for attendance at regular semiannual meetings, but shall receive no reimbursement for expenses incurred attending special meetings.

Section 3304.35 | Use of funds.

• Effective: July 1, 1983
• Latest Legislation: House Bill 291 - 115th General Assembly

No funds derived from the federal government or from blind licensees under the "Randolph-Sheppard Vending Stand Act," 89 Stat. 2-8 (1974), 20 U.S.C. 107, as amended, and no interest or other income generated by state investment of those funds shall be spent for purposes other than those set forth in that act.

Section 3304.41 | Program to provide personal care assistance for severely physically disabled persons.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

The opportunities for Ohioans with disabilities agency shall establish and administer a program for the use of funds appropriated for that purpose to provide personal care assistance to enable eligible individuals with severe physical disabilities to live and work independently. The agency shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to carry out the purposes of this section.

Section 3304.42 | Effect of child support default on license.

• Effective: March 22, 2001
• Latest Legislation: Senate Bill 180 - 123rd General Assembly

On receipt of a notice pursuant to section 3123.43 of the Revised Code, the bureau of services for the visually impaired shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.

Section 3304.50 | Ohio independent living council - executive director.

• Effective: September 29, 1995
• Latest Legislation: House Bill 117 - 121st General Assembly

The Ohio independent living council established and appointed by the governor under the authority of section 107.18 of the Revised Code and pursuant to the "Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29 U.S.C.A. 796d, shall appoint an executive director to serve at the pleasure of the council and shall fix his compensation. The executive director shall not be considered a public employee for purposes of Chapter 4117. of the Revised Code. The council may delegate to the executive director the authority to appoint, remove, and discipline, without regard to sex, race, creed, color, age, or national origin, such other professional, administrative, and clerical staff members as are necessary to carry out the functions and duties of the council.