DAR File No. 38539

Education, Rehabilitation

Rule R280-150

Adjudicative Proceedings Under the Vocational Rehabilitation Act

Notice of Proposed Rule

(Amendment)

DAR File No.: 38539
Filed: 05/15/2014 04:44:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R280-150 is amended to change the revision date of a CFR reference and the revision date of the Rehabilitation Case Service Manual.

Summary of the rule or change:

The revision date of a CFR reference is changed from 2007 to 2001, and the revision date of the Rehabilitation Case Service Manual is changed from May 9, 2008, to May 1, 2012.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

This rule or change incorporates by reference the following material:

• Updates 34 CFR 361.57, published by Government Printing Office, 01/22/2001

Anticipated cost or savings to:

the state budget:

This rule changes revision dates of referenced material which likely will not result in a cost or savings to the state budget.

local governments:

This rule changes revision dates of referenced material which likely will not result in a cost or savings to local government.

small businesses:

This rule changes revision dates of referenced material which likely will not result in a cost or savings to small businesses.

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

This rule changes revision dates of referenced material 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:

This rule changes revision dates of referenced material 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:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, State Superintendent

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

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

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

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:

07/01/2014

This rule may become effective on:

07/08/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

R280. Education, Rehabilitation.

R280-150. Adjudicative Proceedings Under the Vocational Rehabilitation Act.

R280-150-1. Definitions.

"Board" means the Utah State Board of Education.

 

R280-150-2. Authority and Purpose.

A. This rule is authorized by 53A-24-103 which places the Utah State Office of Rehabilitation under the policy direction of the Board and under the direction and general supervision of the Superintendent of Public Instruction, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify standards and procedures for adjudication of disputes under the Vocational Rehabilitation Act.

 

R280-150-3. Standards and Procedures.

A. As its rules for adjudicative proceedings under the Vocational Rehabilitation Act, the Board adopts and hereby incorporates by reference: 34 C.F.R. 361.57, 200[7]1 edition, which adopts, defines, and publishes procedures for review of state rehabilitation service decisions, including alternative dispute resolution through mediation; and

B. The Board shall act in accordance with:

(1) Subsection V of the Rehabilitation Act of 1973, 29 U.S.C.A. 794; and

(2) The Utah State Office of Rehabilitation Case Service Manual, Chapter 21, approved on May [9, 2008]1, 2012.

 

KEY: administrative procedures, rules and procedures

Date of Enactment or Last Substantive Amendment: [October 8, 2008]2014

Notice of Continuation: May 15, 2014

Authorizing, and Implemented or Interpreted Law: 53A-24-103; 53A-1-401(3)