Sec. 13a.11.07.02. Definitions

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) "Appeal hearing" means the procedure, at the level of the Director of the Division, to review determinations made by a counselor upon the request of an applicant for or recipient of rehabilitation services.

(2) "Client" means an applicant for or recipient of rehabilitation services provided by the Division of Rehabilitation Services under the State plans which are listed under §B(8) of this regulation.

(3) "Client Assistance Program" has the meaning stated in COMAR 13A.11.01.03.

(4) "Counselor" means the State employee responsible for determining eligibility and providing or arranging rehabilitation services for applicants or recipients of these services.

(5) "Director" has the meaning stated in COMAR 13A.11.01.03.

(6) "Division" means the Division of Rehabilitation Services, the State agency designated to administer the vocational rehabilitation and independent living programs.

(7) "Eligible individual" has the meaning stated in COMAR 13A.11.01.03 or 13A.11.03.02, as appropriate.

(8) "Hearing officer" means an impartial individual who:

(a) Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);

(b) Has not been involved previously in rehabilitation of the applicant or eligible individual;

(c) Has knowledge of the delivery of the Maryland State Plan for Independent Living rehabilitation services, the Maryland State Plan for Vocational Rehabilitation Services, and the federal and State regulations governing the provision of these services and training with respect to the performance of official duties;

(d) Has no personal or financial interest that would be in conflict with the individual's objectivity;

(e) Is not a member of the State Rehabilitation Council;

(f) Is an administrative law judge assigned by the State Office of Administrative Hearings pursuant to State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland; and

(g) Is selected from among a pool of qualified individuals identified jointly by the designated State unit and the members of the State Rehabilitation Council.

(9) "State plans" means the State's annual plans for Vocational Rehabilitation Services and Independent Living Rehabilitation Services required by §§101 and 704 of the Rehabilitation Act of 1973 (Public Law 93-112) as amended, which are incorporated by reference.