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OLRS staff attorney, Barbara Corner, submitted written testimony to members of the Joint Committee on Agency Rule Review (JCARR) challenging the statutory authority of the Rehabilitation Services Commission (RSC) to promulgate administrative rule 3304-2-62, Consumer Appeals.
Corner argued that RSC only has the authority to enact rules governing the vocational rehabilitation (VR) program if the rules are in conformity with the federal Rehabilitation Act. She stated that paragraph (D) of the proposed rule only mandates that services listed on an Individualized Plan for Employment (IPE) be provided until an appeal is resolved. This conflicts with federal law that requires all services including evaluation and assessment services and plan development be continued pending resolution of the appeal by a hearing officer.
Corner also stated that enactment of paragraph (D) as proposed would have a negative impact on individuals seeking vocational rehabilitation services from RSC causing unnecessary delays of perhaps months.
OLRS proposed new language to resolve the conflict with federal law. Upon review of the language, RSC decided to refile administrative rule 3304-2-62 and adopt the language suggested by OLRS.
OLRS is the designated Client Assistance Program (CAP) and is charged with providing assistance in informing and advising all clients of all available benefits under the Rehabilitation Act of 1973.
Read OLRS' complete testimony: Testimony before the Joint Committee on Agency Rule Review on proposed rule O.A.C. 3304-2-62(D) (PDF file)
Article posted March 9, 2009
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