Ala. Admin. Code r. 795-1-1-.17
Current through Register Vol. 43, No. 1, October 31, 2024
Section 795-1-1-.17 - Adoption Of Existing Rules By Reference(1) In order to provide continuity in services, and to the extent not otherwise provided for by these rules, the Board of Rehabilitation Services, subject to the amendments provided for in subsection (2) of this rule, adopts by reference those rules, policies and guidelines promulgated and in effect as of December 31, 1994, pertaining to the provision of services by or within the following programs: (a) Early Intervention System(b) Children's Rehabilitation Service(d) Adult Vocational Rehabilitation Service(e) Business Enterprise Program(g) Community Support Services(h) Client Assistance Program(i) Governor's Committee on Employment of People with Disabilities. Copies of the original of any rule referred to and adopted herein may be obtained from the Department subject to reasonable costs of copying.
(2) References to the State Board of Education; the Superintendent of Education; and the Department of Education, Division of Rehabilitation Services, within any rule adopted by reference here and as applied to any program identified in the preceding subsection, shall be understood to refer to the Alabama Board of Rehabilitation Services, the Commissioner, and the Alabama Department of Rehabilitation Services. Where mentioned in any enabling legislation or statute, or in any part of the Alabama Administrative Code adopted by reference here, references to the Division of Rehabilitation and Crippled Children Service shall be understood to refer to the Alabama Department of Rehabilitation Services; the State Director shall be referred to as the Commissioner of the Department; Vocational Rehabilitation shall be referred to as Adult Vocational Rehabilitation Service; State Homebound Program shall be referred to as Homebound Service; and State Crippled Children Service shall be referred to as Children's Rehabilitation Service.(3) Questions concerning the construction and applicability of any rule adopted by reference herein shall be submitted first to the Department, care of legal counsel for the Department, before presentation to the Commissioner. The decision of the Commissioner as to the meaning and construction of any rule adopted by reference here shall be final.(4) It is the intention of the Board of Rehabilitation Services that common sense and plain meaning shall govern the construction of any rule herein adopted by reference and as applied to the Department of Rehabilitation Services and any division or unit thereof. In the event the application of this rule and the substitution of the State Board, Department and Commissioner of Rehabilitation Services for the State Board, Department and Superintendent of Education shall create any conflict incapable of reasonable construction of any rule adopted by reference, then any person adversely affected by the rule may petition the Department to amend or repeal that rule, or adopt a new rule as elsewhere provided in the Alabama Administrative Code.Ala. Admin. Code r. 795-1-1-.17
Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021, eff. 8/14/2021.Previous Rule .16 was renumbered .17 per certification published June 30, 2021; effective August 14, 2021.
Author: Alabama Board of Rehabilitation Services
Statutory Authority:Code of Ala. 1975, §§ 21-9-9; 41-22-9.