§ 605.5 Availability of official records. The record of any hearing held including transcripts of testimony, exhibits and all documents received in evidence or made part of the record of such hearing are official records. Official records relating to vocational rehabilitation are made available for inspection to persons properly and directly concerned upon written application to the Director of the Office of Vocational Rehabilitation, except that upon good cause found by him such records or parts thereof may be held confidential. Notice of denial of a request to inspect official records will be given promptly together with a statement of the reason for denial.

606.8

606.9

606.10 606.11

The program relating to the oper-
ation of vending stands by blind
persons in Federal buildings.
Approval of individual licenses and
locations.

Subpart D-Review and Auditing
Auditing procedures
Review.

AUTHORITY: §§ 606.1 to 606.11, inclusive, issued under Pub. Law 404, 79th Cong., 60 Stat. 237; 5 U.S.C., Sup., 1001 et seq.

SOURCE: §§ 606.1 to 606.11, inclusive, contained in Administrative Procedure, Commissioner for Special Services, approved by the Acting Administrator, Federal Security Agency, Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-547.

Subpart A-Approval of State Plans and Grants for Vocational Rehabilitation and the Business Enterprises Program for the Blind

§ 606.1 General. As condition to receiving Federal funds for Vocational Re

habilitation and for the Business Enterprises for the Blind each State is required to submit and to have approved by the Director a State Plan setting forth all policies and procedures relating to the program. These plans are required to conform to the provisions of the Vocational Rehabilitation Act, as amended, and the Regulations issued by the Federal Security Administrator. The gen

eral form and content of the State Plans are set forth in the State Plan Guide and in the Business Enterprises Plan Materials Guide which are available at the Office of Vocational Rehabilitation and at its regional offices. (See Parts 600 and 601 of this chapter.)

§ 606.2 Approval of State plans and amendments. Both original Plans and Amendments thereto are submitted by the States to the regional representative of the Office of Vocational Rehabilitation. The Plans and the Amendments are reviewed in the regional office and are then either returned to the States for suggested revisions or submitted to the Office of Vocational Rehabilitation for appropriate action. The Plans and Amendments are reviewed by the appropriate division and section of the Office of Vocational Rehabilitation who make recommendations to the Director for approval, modification, or disapproval of the material. The Director advises the State as to the approvability of the material in question and if it is approvable incorporates it into the approved State Plan. The Plans should be amended as often as is necessary to reflect actual, or where Federal requirements are involved; contemplated changes in any phase of State law, policy, procedure, or operation which affect the Rehabilitation or Business Enterprises Program. Six copies of all plans and plan materials should be submitted by the State. (See also Parts 600 and 601 of this chapter.)

§ 606.3 Grants-(a) General. For each State which has an approved Plan the Director estimates for each quarter or shorter period the amounts necessary to meet the Federal share of the cost of the program within that State. The amount so estimated is then certified to the Secretary of the Treasury for payment to the State.

(b) Computation of amount of grant. The amount certified by the Director to the Secretary of the Treasury for payment to the States is based upon the Director's appraisal of the following in

formation: (1) a certification by the appropriate State official as to amount of funds available for the period; (2) an estimate of the total expenditures to be made within the period for Vocational Rehabilitation; (3) an estimate of administrative expenditures to be made within the period; (4) a statement showing the number of individuals in the State needing and eligible for vocational rehabilitation; (5) copies of the appropriation covering the period in question; and (6) such other pertinent information as the Director may require. This information is contained in Form VR-AS-1 and VR-AS-1 (a) and are submitted in triplicate to the regional office.

§ 606.4 Withholding of funds-(a) When withheld. The Director withholds funds from the State when after reasonable notice and opportunity for hearing to the State Board of Vocational Education he finds that there is (1) a failure on the part of the State to comply substantially with the provisions of the approved State plan; or (2) a failure on the part of the State to afford reasonable cooperation to other Federal and State Agencies providing Vocational Rehabilitation or similar services.

(b) Hearings. If after notice of an opportunity for a hearing a State desires such a hearing it is held by the Director of the Office of Vocational Rehabilitation in accordance with section 4 of the Vocational Rehabilitation Act as amended and with the Administrative Procedure Act. (See also Parts 600 and 601 of this chapter.)

(c) Notification of suspension of grant. If after a hearing the Director finds that there is a failure on the part of the State to comply as set forth above he shall notify the State Board of Vocational Education that there will be no further certification of funds until he is satisfied there is no longer such a failure to comply and makes no further certification of funds to the Secretary of the Treasury for payment to the State.

(d) Informal discussions. Such hearings are generally not called however until after reasonable effort has been made by regional and central office representatives to resolve the questions involved by conference and discussion with State officials. Formal notification of the date and place of a hearing does not foreclose further negotiations with State officials.

Subpart B-District of Columbia Rehabilitation Service

§ 606.5 Application for services. Residents of the District of Columbia may apply directly to the District of Columbia Rehabilitation Service, Room 2058, Railroad Retirement Building, or may be referred to that service by cooperating agencies, employers, or other interested persons or agencies.

§ 606.6 Determination of eligibility; formulation of individual plan for service. The eligibility of all persons coming to the attention of the District of Columbia Rehabilitation Service is determined by qualified members of the staff on the basis of a general medical examination, specialists examinations, psychological and psychometric tests, and where indicated complete informational background of the individual obtained through an interview with him and all other pertinent information gathered from individuals or agencies familiar with the individual. If, as a result of the above procedure, it is determined that the individual is eligible for and feasible of rehabilitation, a plan of service for that individual is formulated, with his cooperation, setting forth his employment objective and all rehabilitation services necessary to obtain that objective. The agreement of the client to this plan is secured.

§ 606.7 Provision of rehabilitation services. The District of Columbia Rehabilitation Service, either through members of its staff or through purchase or acquisition from other agencies, persons or institutions, arranges for the provision of the rehabilitation services for which the client is eligible and which are necessary to achieve his vocational objective as set forth in his individual plan of rehabilitation. (See also Part 600 of this chapter.)

Subpart C-Vending Stands for Blind in Federal Buildings

§ 606.8 The program relating to the operation of vending stands by blind persons in Federal buildings—(a) Designation of licensing agencies. The State Commission for the Blind or other agencies desiring to be designated as the licensing agency for the purpose of 11censing blind persons to operate stands in Federal Buildings makes application through the Governor of the State to be

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so designated by the Director of the Office of Vocational Rehabilitation. This application sets forth the procedure and policies which the State agency will follow in issuing such licenses.

§ 606.9 Approval of individual licenses and locations. The Director approves individual licenses and locations for each blind person licensed by the State agency to operate a vending stand in a Federal building. The information required is contained in Form 8-B1-1, entitled "Application for Authority to Establish a Vending Stand in a Federal Building," and in Form 8-B1-1a, entitled "Application for Approval of Person Selected to Operate a Vending Stand in a Federal Building." These forms must be submitted by the State agency in quadruplicate.

Subpart D-Review and Auditing

§ 606.10 Auditing procedures. Each year all fiscal transactions of the States are audited by a representative of the Office of Vocational Rehabilitation to determine whether or not expenditures

made have been in accordance with the act, the regulations, State plans, State rules, standards, and requirements. If it finds as a result of the audit that insufficient Federal funds have been made available to the State to meet the Federal share of expenditure, succeeding grants to the States are increased by an appropriate amount to adjust for the discrepancy. If the expenditure from Federal funds is not in accord with the criteria above the State is so advised and after an opportunity to justify the expenditure made through the submission of additional material or through explanation of the records involved the amount so determined to be improperly expended is deducted from succeeding grants to the State.

§ 606.11 Review. From time to time members of the staff of the Office of Vocational Rehabilitation review with the States assistance, administrative and fiscal methods and practices and make constructive suggestions for the improvement of such methods and practices.