| (a) Causes for termination. The license of a licensee
shall be terminated upon the occurrence of any one of the following:
(1) The licensee's visual acuity is improved by any
means to the point at which the licensee no longer satisfies the definition
of legally blind.
(2) The licensee becomes otherwise permanently disabled
and as a result of such permanent disability is unable to perform
the essential functions of operating and maintaining a BET facility
with or without reasonable accommodations. Being permanently disabled
is having a condition that is medically documented and has existed
or is expected to exist for at least 12 months. The determination
of permanently disabled shall be made by the VRD director or designee
after review of medical documentation and other information relevant
to the issue. Other information relevant to the issue shall include
recommendations from Agency staff and ECM, pertinent information from
the licensee's BET file or provided by the licensee, and reports of
examinations or evaluations, if any, obtained by the Agency and the
licensee.
(3) The licensee is unassigned and has not accepted
assignment offers or applied for an assignment when facilities are
available for a period of six consecutive months. The six-month deadline
may be extended by periods of 30 days when facilities are not available
for assignment. Any unassigned period of 12 months or more requires
retraining for the licensee to become eligible to bid for, or be assigned
to, available facilities.
(b) Examination and evaluation. In any situation in
which the vision or other disability of a licensee is at issue with
respect to termination of a license, the Agency or the licensee may
require an examination or evaluation by professionals to determine
whether the licensee is otherwise permanently disabled and because
of the permanent disability is unable to perform the essential functions
of operating and maintaining a BET facility. The reports of such professionals
shall be furnished to the Agency and the licensee. Any failure of
the licensee to participate in required examinations or evaluations
shall be grounds for administrative action.
(c) Restoration of license. A license terminated under
the provisions of this section may be restored at the discretion of
the Agency if the condition or conditions causing the termination
were resolved satisfactorily. In considering a decision with respect
to whether to restore a license that was terminated according to this
section, the VRD director shall consult with appropriate BET staff
members, the ECM chair, and any advocate for the licensee and shall
consider all pertinent information and documentation provided by any
of the individuals described in this subsection.
(d) Conditional restoration. If the VRD director determines
that a license that was terminated according to this section should
be restored, the VRD director may authorize the restoration of the
license on any reasonable basis, such as participation in continued
medical treatment or therapy, or completion of refresher or other
courses of training.
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