Section 460IAC2-4-3. State licensing agency functions

   The state licensing agency shall do the following:

(1) Have the ultimate responsibility for the administration of the BEP under 20 U.S.C. 107 and IC 12-12-5.

(2) Carry out the duties of planning programs and setting policies, standards, and procedures with the active participation of the Indiana elected committee of licensed managers.

(3) Select and develop suitable locations for BEP facilities in properties owned, leased in whole or in part, or operated by any of the following:

(A) The United States government.

(B) The state.

(C) A county.

(D) A township.

(E) A city.

(F) A town.

(G) A private entity.

(4) Determine the criteria for suitable locations for a BEP facility, with the criteria to include the income potential of potential locations.

(5) Designate a specific location or locations as a BEP facility.

(6) Take reasonable steps to improve the profitability of each BEP facility, including determining whether other locations or sites should be added or removed as part of the facility.

(7) Select and supervise licensed managers for BEP facilities, giving preference to blind persons who are in need of employment.

(8) Require that all aspects of a licensed manager's operations, including fiscal matters, are in compliance with BEP rules and procedures.

(9) Make:

(A) suitable BEP equipment; and

(B) adequate initial stock;

available to operators.

(10) Coordinate the state's BEP with the state's vocational rehabilitation program to provide the following:

(A) Initial training in aspects of BEP facility operation.

(B) Upward mobility training, including:

(i) further education;

(ii) additional training; or

(iii) retraining;

for improved work opportunities.

(C) Services after licensing to assure that the maximum vocational potential of each licensed manager is achieved.

(11) Provide access in electronic/accessible format to all financial data of the state licensing agency relevant to the operation of the BEP, including quarterly and annual financial reports, provided that disclosure does not violate applicable federal or state laws pertaining to the disclosure of confidential information.

(12) Develop forms and written procedures necessary to implement and carry out the provisions of this rule.

(13) Conduct a biennial election of the Indiana elected committee of licensed managers, with no direct involvement of staff of the state licensing agency in the outcome of the election process.

(14) Meet regularly with the Indiana elected committee of licensed managers to ensure the committee's active participation regarding major administrative decisions, policy, and program development decisions.

(15) Notify the Indiana elected committee of licensed managers in writing of:

(A) decisions made or actions taken that are different from the recommendations of the committee; and

(B) the reason for the difference or differences.

(Division of Disability and Rehabilitative Services; 460 IAC 2-4-3; filed Aug 23, 2001, 2:30 p.m.: 25 IR 64; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFA)