163.470 Office for Vocational Rehabilitation responsible for services for the
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/ky/163-470A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
blind and visually impaired.
(1)The executive director shall be appointed by the secretary of the Education
and Labor Cabinet pursuant to KRS 12.050.
(2)The office shall be the state agency responsible for all rehabilitation services
for the blind and the visually impaired and other services as deemed
necessary. The office shall be the agency authorized to expend all state and
federal funds designated for rehabilitation services for the blind and visually
impaired. The Office of the Secretary of the Education and Labor Cabinet is
authorized as the state agency to receive all state and federal funds and gifts
and bequests for the benefit of rehabilitation services for the blind and visually
impaired. The State Treasurer is designated as the custodian of all funds and
shall make disbursements for rehabilitation purposes upon certification by the
executive director.
(3)The office shall establish and implement policies and procedures for the
carrying out of the program of services for the blind.
(4)At the close of each biennium, the office shall prepare a financial report and
present it to the secretary of the Education and Labor Cabinet and to the
Governor. The biennial report shall be published. The biennial report shall also
contain a precise review of the work of the office and contain necessary
suggestions for improvement.
(5)The office shall coordinate its functions with other appropriate public and
private agencies.
(6)The office shall perform all other duties as required of it by law.
(7)The executive director shall hire personnel as necessary to carry out the work
of the office and the provisions of KRS 163.450 to 163.470. Preference shall be
given to hiring qualified blind persons.
(8)The Office of Vocational Rehabilitation shall provide intake and rehabilitation
counseling services; distribute or sell technical educational and other aids to
the blind; provide educational materials such as recorded texts, braille or
large-type texts, or such other materials as may be deemed necessary for the
education of the blind; research into the development of new technical aids for
the blind, mobility training, work evaluation, personal adjustment, independent
living, and other services as needed for blind adults, and services for the blind
who have other disabilities; and promote employment of the blind in public and
private sectors.
(9)There shall be established under the authority of the office, to be directed by a
director appointed by the secretary pursuant to KRS 12.050, the Division of
Kentucky Business Enterprise. This division shall manage and supervise the
Vending Facilities Program and license qualified blind persons as vendors. In
connection therewith, the office shall be authorized to own or lease vending
equipment for the operation of vending facilities in federal, state, private, and
other buildings. The set-aside charges levied shall comply with the existing
federal regulations as specified in 34 CFR 395.9. One
(1)or more facility
placement agents shall be employed to locate and establish additional vending
facilities. The office shall make such surveys as may be deemed necessary to
determine the vending facility opportunities for blind vendors in state buildings
or on other property owned, leased, or otherwise occupied by the state
government and shall install vending facilities in suitable locations on such
property for the use of the blind. All of the net income from vending machines
which are on the same property as a vending facility shall be paid to the blind
vendor of the vending facility. Whenever there exists a conflict of interest
between state agencies seeking to vend merchandise on the same state
property, the agencies shall negotiate a fair agreement which shall protect the
interest of both from unreasonable competition. The agreement shall be
submitted to the custodial authority having jurisdiction over the property for
approval. Provided, however, that in all situations the blind vendor shall be
permitted to vend all items of merchandise customarily sold at similar vending
facilities.
(10)The office, at all times, shall be authorized to provide industrial evaluation,
training, and employment. The office shall provide staff services which shall
include staff development and training, program development and evaluation,
and other staff services as may be deemed necessary.
(11)The provisions of any other statute notwithstanding, the executive director is
authorized to use receipt of funds from the Social Security reimbursement
program for a direct service delivery staff incentive program. Incentives may be
awarded if case service costs are reimbursed for job placement of Social
Security or Supplemental Security Income recipients at the Substantial Gainful
Activity
(SGA)level for nine
(9)months pursuant to 42 U.S.C. sec. 422 and
under those conditions and criteria as are established by the federal
reimbursement program.