R6-4-201. Definitions and Location of Definitions

A. Location of Definitions. Definitions applicable to this Article are found in the following: Definition Section or Citation “Affirm” R6-4-201(B) “Appeal” R6-4-101(B) “Appellant” R6-4-201(B) “Applicant” R6-4-201(B) “Assessment” R6-4-201(B) “Authorized Representative” R6-4-201(B) “Auxiliary Aids and Services” 28 CFR 35.104 “Business Day” R6-4-201(B) “Clear and Convincing Evidence” 34 CFR 361.42 “Client Assistance Program” R6-4-201(B) “Comparable Services and Benefits” 34 CFR 361.5 “Competitive Integrated Employment” R6-4-101(B) “Department” or “DES” A.R.S. § 23-501 “Employment Outcome” R6-4-101(B) “Family Member” 34 CFR 361.5 “Functional Capacities” R6-4-201(B) “Hearing” R6-4-101(B) “Hearing Officer” R6-4-101(A) “Individualized Plan for Employment” or “IPE” R6-4-101(B) “Informed Choice” R6-4-201(B) “Integrated Setting” 34 CFR 361.5 “Mediation” 34 CFR 361.5 “Office of Appeals” R6-4-201(B) “One-Stop Center” 29 U.S.C. 3102 “Order of Selection” or “OOS” R6-4-201(B) “OOS Priority Category” R6-4-201(B) “Party” R6-4-201(B) “Physical or Mental Impairment” 34 CFR 361.5 “Post-employment Services” or “PES” 34 CFR 361.5 “Pre-employment Transition Services” 34 CFR 361.5 “Primary Source Information” R6-4-201(B) “Remand” R6-4-201(B) “Reverse” R6-4-201(B) “Qualified and Impartial Mediator” 34 CFR 361.5 “Qualified Personnel” R6-4-201(B) “RSA” R6-4-101(B) “RSA Administrator” R6-4-101(B) “RSA Ombudsman” R6-4-201(B) “Secondary Source Information” R6-4-201(B) “State Plan” 29 CFR 3102 “Substantial Impediment to Employment” 34 CFR 361.5 “Trial Work Experience” R6-4-201(B) “VR” R6-4-101(B) “VR Application Form” R6-4-201(B) “VR Client” R6-4-101(B) “VR Staff” R6-4-101(B) B. The following definitions apply to Article 2 of this Chapter: 1. “Affirm” means to uphold a decision or determination issued by another authority including VR, BEP, or the Office of Appeals. 2. “Appellant” means a person, entity, or group of persons who has filed an Appeal or otherwise requested a Hearing to review and resolve a decision made by VR. 3. “Applicant” means an individual who submits an application under R6-4-202. 4. “Assessment” means the same as “Assessment for Determining Eligibility and Vocational Rehabilitation Needs” as defined under 34 CFR 361.5(c)(5). 5. “Authorized Representative” means any adult designated by an individual to represent the individual, including a parent, guardian, other Family Member or advocate, unless a representative has been appointed by a court to represent the individual, in which case the courtappointed representative is the individual’s Authorized Representative. 6. “Business Day” means Monday through Friday, excluding holidays as listed under A.R.S. § 1-301. 7. “Client Assistance Program” means a program authorized under 29 U.S.C. 732, which is independent of the State VR and that provides information, advocacy, and legal representation to an individual seeking VR services from the State VR. 8. “Functional Capacities” means an individual’s ability to function in terms of an Employment Outcome in the following areas: a. Communication, including an individual’s ability to understand others, to intelligibly and coherently express thoughts, to read and write sufficiently for work-related activities, or to access job information without assistive technology or accommodation. b. Interpersonal skills, including an individual’s ability to establish and maintain relationships with others at a level that allows the individual to participate in work-related activities. c. Mobility, including an individual’s physical ability to perform a required task, as well as an individual’s ability to understand and process a required task to completion to get to work from home and to move around a work site or participate in work activities. d. Self-care, including an individual’s ability to make decisions that do not harm self or others and to perform activities of daily living such as eating, hygiene, health care, and dressing at a level that allows the individual to participate in work activities. e. Self-direction, including an individual’s ability to make positive adjustments to disability-related limitations, to identify logical steps to accomplish activities and goals, and to make decisions in one’s own best interest at a level that allows the individual to participate in work activities. f. Work skills, including an individual’s ability to follow instructions and meet employment expectations, such as maintaining good attendance, learning, and performing job tasks with minimal assistance. g. Work tolerance, including an individual’s ability to meet the demands of participating in work-related activities, such as maintaining physical or mental stamina and working at a pace consistent with other employees in the same work-related activity. 9. “Informed Choice” means a decision-making process in which an Applicant or VR Client analyzes relevant information and selects, with the assistance of VR, an Employment Outcome, intermediate objectives, services, and service providers. 10. “Office of Appeals” means the authority within the DES Appellate Services Administration that conducts a Hearing on an Appeal as authorized by law. 11. “Order of Selection” or “OOS” means an organized and equitable method for serving groups of VR Clients in a priority order if all individuals cannot be served. 12. “OOS Priority Category” means one of three categories the Department uses to prioritize services to VR Clients based on the extent to which a VR Client’s Physical or Mental Impairment restricts Functional Capacities in terms of an Employment Outcome, expected service needs, and length of time the VR Client is expected to require VR services. 13. “Party” means an Appellant or the Department. 14. “Primary Source Information” means all information that VR has acquired through personal interaction with an individual and evaluations or reports done at VR Staff’s request and written specifically for VR. 15. “Qualified Personnel” means an individual qualified to diagnose and document the existence of disability under applicable national or state certification, licensing, registration, or other comparable requirement that applies to the profession or discipline. 16. “Remand” means to send back a case to the authority that issued the decision or determination, including VR, BEP, or the Office of Appeals, for further action. 17. “Reverse” means to change a decision or determination issued by another authority, including VR, BEP, or the Office of Appeals that results in a conclusion opposite to the original decision or determination. 18. “RSA Ombudsman” means an employee of the Department who is assigned to investigate a complaint or a request for an Appeal received from an Applicant or VR Client about VR decisions and to facilitate the process from the receipt of a complaint or request for an Appeal through final resolution. 19. “Secondary Source Information” means all information other than Primary Source Information that VR acquires and is not originally created for the use of VR. 20. “Trial Work Experience” means a functional evaluation of skill development activities under 34 CFR 361.42(e). 21. “VR Application Form” means a document approved by the Department that allows an individual to request VR services.