HAR §17-400.1-9. section and section 17-401

1-35. [Eff AUG 13 2007] (Auth: HRS §§92F-14, 346-10, 347-11, 348-6; 29 U.S.C. §§709(c),721(a)(6)(A); 34 C.F.R. §361.38) (Imp: HRS §§92F-14, 346-10, 347-11, 348-6; 29 U.S.C. §§709(c), 721(a)(6)(A); 34 C.F.R. §361.38) §17-400.1-9 Certification for telephone solicitation. (a) The department shall certify and issue a certificate to persons with disabilities engaging in the solicitation of goods or services by telephone who declare their disabling condition to promote sales, and satisfy the application and certification requirements of this section. (b) The certificate shall certify that the applicant is impaired by a disability which constitutes a substantial permanent or semi-permanent impairment to employment. The certificate shall be valid for one year (12 months from the date of the certificate) and may be renewed in accordance with subsection (g). (c) The person so certified at the time of solicitation shall disclose: (1) The person’s name and vocational rehabilitation certificate number; (2) The person’s employer’s name; (3) The amount of remuneration or commission the person will receive from the sale of goods or services; and (4) The fact that the person represents a business for profit which is owned by persons who are not disabled or impaired, if such is the fact. (d) Persons who wish to be certified under this section shall apply, in writing, to the vocational rehabilitation and services for the blind division and submit the following information within 30 calendar days, unless extended for a specific period of time by the division in the event of a national disaster, State emergency, or union strike, which would prevent the applicant or the division from fulfilling this requirement: 400.1-25 §17-400.1-9 (1) Name, address, telephone; (2) Name of firm or employer; (3) Statement of request and signature; and (4) Written medical reports (medical or psychological or both) substantiating claimed disability and other related information as necessary, completed by licensed physicians or psychologists in cases of mental conditions. (e) Failure to submit the required information within the 30-day period, or by the end of any specific period of extension allowed by the division, will result in termination of the application. (f) All applications must be reviewed and be approved or denied by a representative of the division within 60 calendar days of the date the application is received by the division, unless extended for a specific period of time in the event of a natural disaster, State emergency, or union strike, which would prevent the applicant or division from fulfilling review requirements. Failure on the part of the division to complete the review or to approve or deny an application within the 60 calendar day period, or within any specific period of extension determined necessary under this subsection, shall result in an automatic approval of the application. The division shall issue a numbered certificate to the applicant which shall be valid for one year (12 months from the date of the certificate) after which the individual must reapply for certification. (g) Renewal of certification shall be filed in the same manner as an initial application, and in accordance with the requirements of subsections (d), (e), and (f). Medical reports shall not be required except where the individual’s circumstances may indicate one is needed. (h) Any applicant for initial, reapplication, or renewal certification who is dissatisfied with the division’s decision or action taken in reviewing or denying the applicant’s application, may file an appeal with the department in accordance with the 400.1-26 §17-400.1-10 general provisions for administrative relief contained in title 17, chapter 2, Hawaii Administrative Rules of the department of human services. [Eff AUG 13 2007 ] (Auth: HRS §§91-13.5, 481B-3) (Imp[: HRS §§91-13.5, 481B-3)