[nfbmi-talk] this is violated from rehab act

[joe harcz Comcast]

The so-called public hearings on the MCB State Plan (And indeed the MRS) plan are invalid on their face as this was not done:
"
Sec. 361.20  Public participation requirements.

 

    (a) Conduct of public meetings. The State plan must assure that 

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 amendments to the policies 

and procedures, the designated State agency conducts public meetings 

throughout the State to provide the public, including individuals with 

disabilities, an opportunity to comment on the policies or procedures.

    (b) Notice requirements. The State plan must assure that the 

designated State agency, prior to conducting the public meetings, 

provides appropriate and sufficient notice throughout the State of the 

meetings in accordance with--

    (1) State law governing public meetings; or

    (2) In the absence of State law governing public meetings, 

procedures developed by the designated State agency in consultation 

with the State Rehabilitation Council.

    (c) Summary of input of the State Rehabilitation Council. The State 

plan must provide a summary of the input of the State Rehabilitation 

Council, if the State agency has a Council, into the State plan and any 

amendment to the plan, in accordance with Sec. 361.16(a)(2)(v).

    (d) Special consultation requirements. The State plan must assure 

that the State agency actively consults with the director of the Client 

Assistance Program, the State Rehabilitation Council, if the State 

agency has a Council, and, as appropriate, Indian tribes, tribal 

organizations, and native Hawaiian organizations on its policies and 

procedures governing the provision of vocational rehabilitation 

services under the State plan.

    (e) Appropriate modes of communication. The State unit must provide 

to the public, through appropriate modes of communication, notices of 

the public meetings, any materials furnished prior to or during the 

public meetings, and the policies and procedures governing the 

provision of vocational rehabilitation services under the State plan.

 

(Authority: Sections 101(a)(16)(A) and 105(c)(3) of the Act; 29 

U.S.C. 721(a)(16)(A), and 725(c)(3))"