West Virginia Code 18-10A-3 – Director of division of vocational rehabilitation; powers and duties
The division shall be administered, under the general supervision and direction of the Secretary of the Department of Commerce or, if required by federal law his or her designated state board, by a director appointed by the secretary, or if required by federal law his or her designated state board in accordance with established personnel standards and on the basis of his or her education, training, experience, and demonstrated ability.
Terms Used In West Virginia Code 18-10A-3
- board: means a county board of education. See West Virginia Code 18-1-1
- Director: means the director of the division of vocational rehabilitation. See West Virginia Code 18-10A-1
- Division: means the division of vocational rehabilitation established by this article. See West Virginia Code 18-10A-1
- Regulations: means regulations made by the director with the approval of the secretary of the Department of Commerce or the state board. See West Virginia Code 18-10A-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- State board: means the Secretary of the Department of Commerce, or where required by federal law, the board, commission or council designated by the Secretary of the Department of Commerce to oversee certain functions of the Division of Rehabilitation Services. See West Virginia Code 18-10A-1
- vocational rehabilitation services: means any services, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his or her employment handicap and to enable him or her to engage in a remunerative occupation including, but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, attendant care services, physical restoration, transportation, occupational licenses, occupational tools and equipment, including motor vehicles, maintenance, and training books and materials. See West Virginia Code 18-10A-1
In carrying out his or her duties under this article, the director shall:
(1) Appoint such personnel as he or she considers necessary for the efficient performance of the functions of the division.
(2) Establish a merit system of personnel management, or in lieu thereof, avail himself or herself of the services of the state merit system upon payment of a fair share of the expenses of the operation of the system.
(3) Make regulations governing the protection of records and confidential information; the manner and form of filing applications for vocational rehabilitation services, eligibility therefor, and investigation and determination thereof; procedures for fair hearings; and such other matters as may be necessary or desirable in accomplishing the purposes of this article.
(4) Have the authority to establish and operate a staff development program for the employees of the division and may, in furtherance of such a program, and utilizing any funds appropriated or made available, for such purpose, pay to the employees compensation or expenses, or both, while the employees are pursuing approved training courses or academic studies for the purpose of becoming better equipped for their employment in the division; the staff development program shall be conducted subject to appropriate rules as adopted by the director and approved by the state board: Provided, That these rules shall include reasonable provisions for the return of any employee, receiving the benefits of such training, for a reasonable period of duty, or for reimbursement to the state for expenditures incurred on behalf of the training of such employee.
(5) Establish appropriate subordinate administrative units within the division.
(6) Prepare and submit to the Secretary of the Department of Commerce or his or her designated state board annual reports of activities and expenditures and, prior to each regular session of the Legislature, estimates of sums required for carrying out the provisions of this article and estimates of the amounts to be made available for this purpose from all sources.
(7) Make requisition for disbursement, in accordance with regulations of the funds available for vocational rehabilitation purposes.
(8) Take such other action as may be determined necessary or appropriate to carry out the purposes of this article.