No. 40798 (Repeal): Rule R280-200. Rehabilitation

(Repeal)

DAR File No.: 40798
Filed: 09/15/2016 05:44:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Repealing Rule R280-200 is in response to H.B. 325, Office of Rehabilitation Services Amendments, from the 2016 General Session. Effective 10/01/2016, state law provides for the Utah State Office of Rehabilitation (USOR) to move from under the direction of the Utah State Board of Education (Board) and Superintendent to under the direction of the Department of Workforce Services and its executive director, at which time the Board will no longer have statutory and rulemaking authority over the USOR.

Summary of the rule or change:

Rule R280-200 is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Section 53A-24-105

Anticipated cost or savings to:

the state budget:

Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.

local governments:

Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to local government.

small businesses:

Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Rule R280-200 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Rehabilitation
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R280. Education, Rehabilitation.

[R280-200. Rehabilitation.

R280-200-1. Authority and Purpose.

A. This rule is authorized by Section 53A-24-105 which permits the Utah State Board of Education to administer funds made available for vocational rehabilitation and independent living.

B. The purpose of this rule is to establish the standards and procedures for the Utah State Office of Rehabilitation.

 

R280-200-2. Standards and Procedures for Vocational Rehabilitation.

A. The Utah State Office of Rehabilitation shall adopt and incorporate by reference within this rule the standards and procedures of: the Rehabilitation Act of 1973, P.L. 102-569 (amended in 1998).

B. In addition, the Utah State Office of Rehabilitation shall conduct the Rehabilitation Program consistent with:

(1) All state plans which are required and submitted under P.L. 102-569, including those for Vocational Rehabilitation, Title VI C, and Independent Living Rehabilitation Services and

(2) The Case Service Manual for the Vocational Rehabilitation Program, developed by the Utah State Office of Rehabilitation, 2012, available from the Utah State Office of Rehabilitation and from vocational rehabilitation counselors employed by the Utah State Office of Rehabilitation.

 

R280-200-3. Board Approval for Federal Funding Requests.

A. The Utah State Office of Rehabilitation shall not make application for new federal grants or reallotment funding without prior approval of the Utah State Board of Education. As part of the approval process, the Utah State Office of Rehabilitation shall sufficiently inform the Utah State Board of Education about the implications of all match and maintenance of effort (MOE) requirements.

B. The Utah State Office of Rehabilitation may not borrow ahead from future federal or state years without approval from the Utah State Board of Education.

 

KEY: vocational education, rehabilitation

Date of Enactment or Last Substantive Amendment: May 8, 2015

Notice of Continuation: April 8, 2013

Authorizing, and Implemented or Interpreted Law: 53A-24-105]

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