[nfbmi-talk] still awaiting answers to this question

[joe harcz Comcast]

June 21, 2010

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

E-mail: joeharcz at comcast.net            

 

Re: Requirement for State Plan and Public Hearings on Same

 

To Michigan Commission for the Blind (via e-mail):

 

Jo Anne, Pilarski, Chair

Michael Geno, MCB Vice-Chair (c/o Sue Luzinski, MCB Admin. Asst.)

Margaret Wolfe, MCB Commissioner

Geraldine Taeckens, MCB Commissioner

John Scott, MCB Commissioner

Patrick Cannon, Director Michigan Commission for the Blind

 

Dear Commissioners:

 

I wish to know today just when the Michigan Commission for the Blind has met its obligations to hold public hearings relative to our required “State Plan” (see regulatory citation after my signature line here)? Moreover, if these hearings were conducted when and how were they announced in accordance with the requirements of the Michigan Open Meetings Act?

 

These are two very simple questions and they do require a reply.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: Larry Posont, President National Federation of the Blind MI

Cc: Joe Sibley, President Michigan Council of the Blind and Visually Impaired

Cc: Richard Clay, Advocates for the Blind

Cc: Lynnae Ruttledge, Commissioner, Rehabilitation Services Administration

Cc: Attorney General’s Office, State of Michigan

 

 

 

 

Attachment: From WII/Rehabilitation Act Regulations:

 

Subpart B--State Plan and Other Requirements for Vocational

Rehabilitation Services

Sec. 361.10  Submission, approval, and disapproval of the State plan.

    (a) Purpose. For a State to receive a grant under this part, the

designated State agency must submit to the Secretary, and obtain

approval of, a State plan that contains a description of the State's

vocational rehabilitation services program, the plans and policies to

be followed in carrying out the program, and other information

requested by the Secretary, in accordance with the requirements of this

part.

    (b) Separate part relating to the vocational rehabilitation of

individuals who are blind. If a separate State agency administers or

supervises the administration of a separate part of the State plan

relating to the vocational rehabilitation of individuals who are blind,

that part of the State plan must separately conform to all requirements

under this part that are applicable to a State plan.

    (c) State unified plan. The State may choose to submit the State

plan for vocational rehabilitation services as part of the State

unified plan under section 501 of the Workforce Investment Act of 1998.

The portion of the State unified plan that includes the State plan for

vocational rehabilitation services must meet the State plan

requirements in this part.

[[Page 4390]]

    (d) Public participation. Prior to the adoption of any substantive

policies or procedures governing the provision of vocational

rehabilitation services under the State plan, including making any

substantive amendment to those policies and procedures, the designated

State agency must conduct public meetings throughout the State, in

accordance with the requirements of Sec. 361.20.

    (e) Duration. The State plan remains in effect subject to the

submission of modifications the State determines to be necessary or the

Secretary may require based on a change in State policy, a change in

Federal law, including regulations, an interpretation of the Act by a

Federal court or the highest court of the State, or a finding by the

Secretary of State noncompliance with the requirements of the Act or

this part.

    (f) Submission of the State plan. The State must submit the State

plan for approval--

    (1) To the Secretary on the same date that the State submits a

State plan relating to the statewide workforce investment system under

section 112 of the Workforce Investment Act of 1998;

    (2) As part of the State unified plan submitted under section 501

of that Act; or

    (3) To the Secretary on the same date that the State submits a

State unified plan under section 501 of that Act that does not include

the State plan under this part.

    (g) Annual submission. (1) The State must submit to the Secretary

for approval revisions to the State plan in accordance with paragraph

(e) of this section and 34 CFR 76.140.

    (2) The State must submit to the Secretary reports containing

annual updates of the information required under Secs. 361.18, 361.29,

and 361.35 and any other updates of the information required under this

part that are requested by the Secretary.

    (3) The State is not required to submit policies, procedures, or

descriptions required under this part that have been previously

submitted to the Secretary and that demonstrate that the State meets

the requirements of this part, including any policies, procedures, or

descriptions submitted under this part that are in effect on August 6,

1998.

    (h) Approval. The Secretary approves any State plan and any

revisions to the State plan that conform to the requirements of this

part and section 101(a) of the Act.

    (i) Disapproval. The Secretary disapproves any State plan that does

not conform to the requirements of this part and section 101(a) of the

Act, in accordance with the following procedures:

    (1) Informal resolution. Prior to disapproving any State plan, the

Secretary attempts to resolve disputes informally with State officials.

    (2) Notice. If, after reasonable effort has been made to resolve

the dispute, no resolution has been reached, the Secretary provides

notice to the State agency of the intention to disapprove the State

plan and of the opportunity for a hearing.

    (3) State plan hearing. If the State agency requests a hearing, the

Secretary designates one or more individuals, either from the

Department or elsewhere, not responsible for or connected with the

administration of this Program, to conduct a hearing in accordance with

the provisions of 34 CFR part 81, subpart A.

    (4) Initial decision. The hearing officer issues an initial

decision in accordance with 34 CFR 81.41.

    (5) Petition for review of an initial decision. The State agency

may seek the Secretary's review of the initial decision in accordance

with 34 CFR part 81.

    (6) Review by the Secretary. The Secretary reviews the initial

decision in accordance with 34 CFR 81.43.

    (7) Final decision of the Department. The final decision of the

Department is made in accordance with 34 CFR 81.44.

    (8) Judicial review. A State may appeal the Secretary's decision to

disapprove the State plan by filing a petition for review with the

United States Court of Appeals for the circuit in which the State is

located, in accordance with section 107(d) of the Act.

(Authority: Sections 101(a) and (b), and 107(d) of the Act; 20

U.S.C. 1231g(a); and 29 U.S.C. 721(a) and (b), and 727(d))