Current through Register Vol. XLI, No. 50, December 13, 2024
Section 186-4-3 - Qualification for Program Participation3.1. Requirements. -- In order for a Qualified Community Rehabilitation Program to qualify for participation in the program under the provisions of W. Va. Code § 5A-3-l0, it shall file the following documents with the CNA on behalf of the Committee:3.1.a. An appropriately signed application, which includes the following attachments: 3.1.a.1. A copy of the Internal Revenue Service letter indicating that the Qualified CRP has been accepted as a nonprofit entity for taxation purposes, or is a state agency which operates in the interest of individuals with disabilities, and that no part of its net income inures to the benefit of any shareholder or other individual.3.1.a.2. A copy of the articles of incorporation showing date of filing and signature of the appropriate state official, if the Qualified CRP is incorporated.3.1.a.3. A copy of the Qualified CRP's by-laws showing certification by an officer of the corporation.3.1.a.4. The current certificate(s) issued by the US Department of labor authorizing wage payments pursuant to 29 U.S.C. §214 (c), if commensurate wages are paid.3.1.a.5. A copy of the letter showing that the Qualified CRP is registered and in good standing with the Secretary of State as a charitable organization pursuant to WV Code § 29-19-1.3.1.a.6. A current listing of the officers of the corporation with names, addresses and telephone numbers.3.2. As a part of the application the Qualified CRP will further attest to and adhere to the following conditions: 3.2.a. Recognize the Central Nonprofit Agency has the responsibility to represent qualified CRP's in dealing with state purchasing agents and other bodies charged with purchasing responsibilities.3.2.b. Maintain an ongoing placement program which includes at least pre-admission evaluation and an annual review to determine each worker's capability for normal competitive employment and maintains a liaison with appropriate community services for the placement in such employment of any of its workers qualifying for placement.3.2.c. Furnish commodities and/or services in strict compliance with contract specifications.3.2.d. Make appropriate records available for inspection by the Committee or the CNA at any reasonable time.3.2.e. Maintain records of direct labor hours performed and wages earned by each worker and reported on the approved quarterly report form(s) from the CNA.3.2.f. Comply with the applicable occupational health and safety standards prescribed by the US Department of Labor and the State of West Virginia.3.2.g. Maintain a file on each worker with a disability which includes reports of pre-admission evaluation, and annual re-evaluation of the individual's capacity for normal competitive placement, prepared by a person or persons qualified by training and/or experience to evaluate the work potential, interest, aptitudes and abilities of workers with disabilities. This file will also include documentation of disability, and periodic notes related to that individual progress towards competitive placement.3.2.h. Make full disclosure to the CNA of all facts related to the costs, overhead, or profits in the production of a commodity or provision of a service.3.2.i. Maintain an average of 75% workers with disabilities on the sum of all state use contracts. This will be measured by the total of direct labor hours. If this condition cannot be maintained, a plan of correction must be submitted to the committee for their approval, which will establish this 75% level of utilization.3.3. Notification. -- The Committee shall review the application letter and the DRS approval letter, and, if acceptable, shall notify the workshop or rehabilitation facility through the CNA of its eligibility to participate in the program.3.4. Revocation. -- The Committee may revoke the rights of any Qualified Community Rehabilitation Program to participate if, at any time, the Committee determines the Qualified Community Rehabilitation Program is not in compliance with all the requirements in Section 3.1 of this rule.3.4.a. If the CNA recommends the denial of approved status to a Qualified Community Rehabilitation Program, or the revocation or suspension of such status, for failure to comply with this rule or for other good cause, the CNA is to refer the matter to the Committee for review.