SS 084-21

The estimated time is 200 hours.

List with Description of All Entities that May Be Affected by the Proposed Rule

Individuals who apply for or receive vocational rehabilitation services from DVR, blind persons and other persons who operate business enterprises, and federal and state agencies that manage properties.

Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule

Chapter DWD 60:

As an SLA under the Randolph-Sheppard Act, DVR administers the BEP for business enterprises on federal and certain other property. The Randolph-Sheppard Act uses the term "vending facility" to refer to a business enterprise. The Randolph-Sheppard Act requires an SLA to establish procedures for resolving grievances and allows a person dissatisfied with an SLA's resolution of a grievance to apply to the US Department of Education to arbitrate the dispute. 20 USC 107b (6), 107d-1 (a), and 107d-2. Under the federal regulations, the grievance and arbitration procedures apply to disputes involving vending facilities on federal property or other property. See 34 CFR 395.13 (a) (referring to "vending facility program") and 34 CFR 395.1 (p) (defining "program"). The federal regulations define "other property" as non-federal property on which vending facilities are established or operated with funds derived from vending facilities on federal property. 34 CFR 395.1 (n). The Randolph-Sheppard Act also requires SLAs to establish an elected committee of blind licensees. 20 USC 107b-1 (2) and (3). See also 34 CFR 395.14. Federal regulations under the Randolph-Sheppard Act allow SLAs to enter into agreements with nominee agencies. 34 CFR 395.15 (a).

Chapter DWD 65:

The RSA makes grants to state agencies for vocational rehabilitation services under the Rehabilitation Act. Federal regulations implementing the grant program are set forth at 34 CFR Part 361. To be eligible for the grants, a state must have a state plan that is approved by the RSA. 29 USC 721 (a) (1) (A). See also 34 CFR 361.2. If vocational rehabilitation services cannot be provided to all eligible individuals, the state plan must include an order of selection that ensures that individuals with the most significant disabilities are selected first to receive the services. 29 USC 721 (a) (5) (C). However, WIOA added a provision to the Rehabilitation Act that allows a state, at its discretion, to serve eligible individuals, whether or not they are receiving vocational rehabilitation services, who require specific services or equipment to maintain employment. 29 USC 721 (a) (5) (D); 34 CFR 361.36 (a) (3) (v).

The federal regulations define "individual with a significant disability," in part, as an individual with a disability "[w]hose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time." 34 CFR 361.5 (c) (30) (ii). Unlike ch. DWD 65, the federal regulations do not include definitions for "multiple services" or "extended period of time.

Chapter DWD 68:

To be eligible for federal grants for vocational rehabilitation services, DVR must comply with federal regulations under 34 CFR 361.38 regarding the protection, use, and release of personal information. Under those regulations, DVR must adopt and implement procedures to safeguard the confidentiality of personal information. 34 CFR 361.38 (a) (1). In addition, with certain exceptions, if an applicant or recipient of vocational rehabilitation services makes a written request for information in his or her case file, DVR must release the information to the individual or the individual's representative in a timely manner. 34 CFR 361.38 (c) (1). However, the federal regulations do not explicitly require the request to be in writing.

Chapter DWD 75:

The Rehabilitation Act requires states to establish procedures for the mediation and review of decisions affecting the provision of vocational rehabilitation services to applicants and eligible individuals. 29 USC 722 (c) (1), 34 CFR 361.57.

Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)

If the Department is able to revise ch. DWD 60 to ensure that blind persons are given a priority to operate business enterprises on federal and state properties, then the blind persons who operate those business enterprises will be less reliant on benefit programs and the revision will have a positive economic impact. The proposed revisions to chs. DWD 60, 65, 68, and 75 are not otherwise expected to have an economic impact on businesses, including small businesses, as defined in s. 227.114 (1), Stats.

Contact Person: Jennifer L. Wakerhauser, Chief Legal Counsel, [phone], [e-mail]