[nfbmi-talk] comments state plan conflicts of interests and more

[joe harcz Comcast]

Conflict of Interest and Non -delegable Authorities

 

 

July 15, 2012

 

Comments on MCB State Plan

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

 

All,

 

 

note the following from the ludicrous Michigan Commission for the Blind State Plan:

“2.      The name of the designated state vocational rehabilitation unit is:

 

Bureau of Services for Blind Persons (“BSBP”), under the Rehabilitation Act of 1973, as amended, 29 USC 701 et seq.  The Bureau of Services for Blind Persons

serves as the State Licensing Agency under the Randolph Sheppard vending facilities for blind in federal buildings act, 20 USC 107 to 107f.  Any authority,

powers, duties and functions relative to final agency decisions for cases arising under the Randolph Sheppard Act, 20 USC 107 to 107f, the Rehabilitation

Act of 1973, Public Law 93-112, as amended, 29 USC 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, lies

with the Director of the Department of Licensing and Regulatory Affairs.”

 

First of all and once again the signaturre on the pre-print is not the Director of LARA which isn’t a Vocational Rehabilitation entity in the first place, but that of LARA Deputy Director Michael Zimmer. Now, Michael Zimmer runs the Michigan Administrative Hhearings System where Business Enterprise Operators and in fact VR clients can take complaints. Currently the Michigan Commission for the Blind board under PA 260 and rules makes the final agency determination for the SLA as a safe guard in due process and equal protection under law, all of which has been routinely violated over the years by MAHS to begin with in documented fashion including substantial violations under Zimmer’s direction of the Americans with Disabilities Act and Section 504 of the very Rehabilitation Act all are violating here.

 

Moreover, this is at cross purposes for if the illegal Executive Order 2012-10 takes place it would eliminate PA 260 which establishes the State Priority to begin with. 

 

I know this sounds confusing. That is because it is a mish mash of multiple violations of both state and federal laws to numerous to count.

 

But, clearly the Department of Licensing and Regulatory Affairs cannot serve the interests of blind folks here and their rights to fundamental due process and equal protection under law when the self-same entity runs the quasi-judicial proceedings and then also makes “the final agency determination”. There can be no impartiality by any measure here. It is a codified conflict of interests making the Designated State Agency judge and jury all wrapped up in the same package.

 

This is a VR program for people who are blind after all.

 

 

 

In addition, regulations found at 34 CFR 361.13(c) require that certain functions be reserved solely to the staff of the DSU and that these functions may not be delegated to any other agency or individual (34 CFR 361.13(c) (2)).  At a minimum, these “non-delegable” responsibilities relate to decisions affecting:

 

·         eligibility, the nature and scope of services, and the provision of those services (34 CFR 361.13(c)(1)(i));

·         the determination that individuals have achieved employment outcomes (34 CFR 361.13(c)(1)(ii)); 

·         policy formulation and implementation (34 CFR 361.13(c)(1)(iii)); 

·         the allocation and expenditure of VR funds (34 CFR 361.13(c)(1)(iv)); and 

·         the participation of the DSU in the one-stop service delivery system in accordance with Title I of the Workforce Investment Act (WIA) and the regulatory requirements specified in 20 CFR Part 662 (34 CFR 361.13(c)(1)(v)).

 

 

 

Thus this is simply a gross conflict of interest, institutionalized denials of blind in due process proceedings that will be arbitrary and capricious, and more non-deligable authorities over federal VR funds illegally sought by the Designated State Agency.

 

Sincerely,

 

 

 

Paul Joseph Harcz, Jr.

 

Cc: RSA

Cc: NFB MI

Cc: Michigan Protection and Advocacy Services

Cc: Michigan Americans with Civil Liberties Union

Cc: MRC

Cc: several attorneys at law