Section 192-2-001 - General Information01.01.PURPOSE OF THIS CHAPTER. This chapter provides procedures for the formal review of written determinations by Nebraska Commission for the Blind and Visually Impaired (NCBVI) personnel concerning the provision of vocational rehabilitation services to blind individuals. This chapter is intended to implement the requirements of 29 U.S.C. 701 et.seq., 34 CFR Part 361 et.seq., Nebraska Revised Statute Sections 71-8601 to 71-8616 and the Nebraska Administrative Procedures Act.01.02.DEFINITIONS. The following definitions shall apply as used throughout Chapter 2 of these rules and regulations. 001.02A.BOARD shall mean the governing board of NCBVI, to be appointed by the Governor of Nebraska according to state law.001.02B.BLIND INDIVIDUAL shall mean any individual who has sight so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life.001.02C.CONTESTED CASE shall mean a proceeding before NCBVI in which the legal rights, duties, or privileges of specific parties are required by Title I of the Vocational Rehabilitation Act of 1973, as amended, or by Nebraska Revised Statute71-8614, to be determined after a hearing before a hearing officer.001.02D.DIRECTOR shall mean the Executive Director of the Nebraska Commission for the Blind and Visually Impaired.001.02E.EX PARTE COMMUNICATION shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to alt parties was not given. Ex parte communication shall not include: 001.02E1.COMMUNICATIONS which do not pertain to the merits of a contested case;001.02E2.COMMUNICATIONS required for the disposition of ex parte matters as authorized by law;001.02E3.COMMUNICATIONS in a ratemaking or rulemaking proceeding; and001.02E4.COMMUNICATIONS to which all parties have given consent.001.02F.FAMILY MEMBER shall mean any relative by blood, adoption, or marriage of a blind individual and other individual living in the same household with whom the blind individual has a close interpersonal relationship.001.02G.HEARING OFFICER shall mean the person or persons conducting a hearing pursuant to this Chapter whether designated as the presiding officer, administrative law judge, or some other title designation.001.02H.NCBVI shall mean the Nebraska Commission for the Blind and Visually Impaired, which is administered by the Director and the governing Board.001.02I.NCBVI PERSONNEL shall mean any NCBVI staff specialist assigned to work with the applicant or recipient.001.02J.PARTY means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.001.02K.PETITION means the initial document filed with the Director that sets forth a claim and request for action by NCBVI.001.02LPETITIONER shall mean a blind individual who is an applicant for, or recipient of, NCBVI Services who is dissatisfied with any written determination made by NCBVI personnel concerning the provision of vocational rehabilitation services, and shall include the applicant's representative, if the applicant or recipient lacks capacity.001.02M.PREFERRED FORMAT shall mean the format individually preferred to assure accessibility of written materials; to include print, large print, Braille, electronic audio and text formats.001.02N.RESPONDENT shall mean the Nebraska Commission for the Blind and Visually Impaired (NCBVI).192 Neb. Admin. Code, ch. 2, § 001
Amended effective 7/2/2019