| (a) No applicant for certification may participate
in the state use program prior to the approval of certification.
(b) The Commission may recognize programs that are
accredited by nationally accepted vocational rehabilitation accrediting
organizations and approve CRPs that have been approved by a state's
habilitation or rehabilitation agency.
(c) The Commission may delegate the administration
of the certification process for CRPs to a CNA.
(d) An applicant for CRP certification must be a government
or nonprofit private program operated under criteria established by
the Commission and under which individuals with severe disabilities
produce products or perform services for compensation.
(e) A certified CRP must:
(1) maintain payroll, human resource functions, accounting,
and all relevant documentation showing that the employees who produce
products or perform services under the state use program are individuals
with disabilities;
(2) ensure that documentation includes a disability
determination that identifies the individual and documents the presence
of a disability, in addition to determining program eligibility, and
that shall be subject to review at the request of the Agency or the
CNA under authority from the Commission, with adherence to privacy
and confidentiality standards applicable to such CRP and employee
records;
(3) maintain and dispose of records or documents required
by the Agency, including contracts with other entities, in accordance
with generally accepted accounting principles, and all laws relevant
to the records;
(4) maintain compliance with requirements in subsection
(q) of this section, related to Unemployment Insurance tax, wage claims,
state licensing, regulatory, and tax requirements. Failure to maintain
compliance shall result in revocation of the CRP's certification to
participate in the PPD program;
(5) ensure that disability determinations conducted
under paragraph (2) of this subsection are or were conducted by a
medical professional, vocational rehabilitation professional, local
education agency, Social Security Administration, or other individual
who:
(A) has demonstrated the qualifications necessary to
make such determinations; and
(B) is an independent, non-CRP individual; and
(6) provide all communication, training, and planning
materials to employees in an accessible format.
(f) An applicant for certification must submit a completed
application and the required documents to the Agency through the CNA
for the state use program. Upon receipt, the CNA will verify the completeness
and accuracy of the application. No application will be considered
without the following documents:
(1) Copy of the IRS nonprofit determination under §501(c),
when required by law;
(2) Copy of the Articles of Incorporation issued by
the Secretary of State, when required by law;
(3) List of the board of directors and officers with
names, addresses, and telephone numbers;
(4) Copy of the organizational chart with job titles
and names;
(5) Proof of current insurance coverage in the form
of a certificate of insurance specifying each and all coverages for
the CRP's liability insurance, auto insurance for vehicles owned or
leased by the CRP for state use contract purposes, and workers' compensation
insurance coverage or legally recognized equivalent coverage, if applicable.
Such insurance shall be carried with an insurance company authorized
to do business in the State of Texas, and written notice of cancellation
or any material change in insurance coverage will be provided to the
CNA 10 business days in advance of cancellation or change;
(6) Fire inspection certificate issued within one year
of the formal consideration of the CRP application, if required by
city, county, or state regulations, for each location where customers
will be served or where individuals with disabilities will be employed,
or a statement of unavailability from the appropriate city, county,
or state entity;
(7) Copy of the building inspection certificate or
certificate of occupancy, if required by city, county, or state regulations,
for each location where customers will be served or where individuals
with disabilities will be employed, or a statement of unavailability
from the appropriate city, county, or state entity;
(8) Copy of the wage exemption certificate (WH-228)
if below minimum wages will be paid to customers or to individuals
with disabilities who will be employed, and a statement of explanation
of circumstances requiring subminimum wages;
(9) Notarized statement that the CRP agrees to maintain
compliance with either the 75 percent minimum percentage or other
approved minimum percentage approved by the Commission. The required
percentage being that percentage of the CRP's total hours of direct
labor, for each contract, necessary to perform services or reform
raw materials, assemble components, manufacture, prepare, process
and/or package products that will be performed by individuals with
documented disabilities consistent with the definition set forth in
this chapter.
(10) If a CRP intends to seek a required minimum percentage
other than the 75 percent of the CRP's total hours of direct labor
for a contract, the CRP must submit the request, which shall include
a rationale consistent with one or more criteria in §806.53(a)(4)
and (b)(3) of this chapter as applicable, with their application for
approval; and
(11) An applicant for certification must attest that
it either has already developed or will develop, within 90 days of
certification, a person-centered plan for each individual with a disability
it employs that clearly documents attainable employment goals and
describes how the CRP will:
(A) help the individual reach his or her employment
goals; and
(B) match the individual's skills and desires with
the task(s) being performed for the CRP.
(g) The Agency shall review each complete application
and all required documentation and, if acceptable, forward its recommendations
to the Commission for approval. Once approved, the Agency will notify
the CRP in writing and assign the CRP a certification number.
(h) A CRP may protest a recommendation of non-approval
pursuant to the Agency's appeal process in §806.61 of this chapter.
(i) To continue in the program, each CRP must be recertified
by the Commission every three years. The recertification process requires
submission of all previously requested documentation, a review of
reports submitted to the CNA, and a determination that the CRP has
maintained compliance with the stated requirements of the state use
program, including requirements described in subsection (q) of this
section relating to compliance with unemployment taxes, wage claims,
and state licensing, regulatory, and tax requirements. If a CRP intends
to seek a required minimum percentage other than the 75 percent of
the CRP's total hours of direct labor, the CRP must submit the request,
which shall include a rationale consistent with one or more criteria
in §806.53(a)(4) and (b)(3) of this chapter as applicable, with
their recertification. The Commission shall establish a schedule for
the recertification process and the CNA shall assist each CRP as necessary
to attain recertification. The CRP, after notification, shall submit
within 30 days the application for recertification and required documents
to the CNA. If the CRP fails to do so, the Agency may request a written
explanation and/or the appearance of a representative of the CRP before
the Agency. If the CRP fails to respond in a timely manner, the Agency
may consider the suspension of all state use program contracts until
the recertification process has been completed and approval has been
attained.
(j) The CRP shall submit quarterly wage and hour reports
to the CNA. These reports are due no later than the last day of the
month following the end of the quarter. If the CRP fails to submit
reports on time, the Agency may request a representative of the CRP
to appear before the Agency. The Agency may consider the suspension
of the CRP's state use program contracts if compliance is not achieved
in a consistent and timely manner.
(k) CRPs shall maintain compliance with the state use
program regarding percentage requirements related to administrative
costs, supply costs, wages, and hours of direct labor necessary to
perform services and/or produce products. Compliance will be monitored
by the CNA and/or the Agency, and violations will be reported promptly
to the Agency. A violation will result in a warning letter from the
CNA or Agency, which will then offer assistance as needed to achieve
compliance. A CRP that fails to meet compliance requirements, without
a waiver from the Agency, for two quarters in any four-quarter period,
shall submit a written explanation and a representative of the CRP
will be requested to appear before the Agency. State use program contracts
may be suspended and/or certification revoked if compliance is not
immediately and consistently maintained. Cont'd... |
