Administrative Rule Review Report  #AR10-042

Legislative Service Office

06-Jul-10

AGENCY: Department of Workforce Services.

DATE SUBMITTED: July 1, 2010.

SUBJECT: Chapter 1, General; Chapter 2, Application and Eligibility; Chapter 3, Provision of Services; Chapter 4, Case Management and Records; Chapter 5, Business Enterprise Program; and Chapter 6, Workers' Compensation Program.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 9-2-111(a)(ix).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:   Apparently complete to date.

SUMMARY OF RULES:  The Department of Workforce Services administers the Vocational Rehabilitation program pursuant to W.S. 9-2-109 through 9-2-115.  The program was transferred from the Department of Employment when the Department of Workforce Services was created in 2002.  These rule amendments:

• Transfer  the rules from filing under the Department of Employment to the Department of Workforce Services;

• Update the rules to comply with the Workforce Investment Act of 1998, specifically by:

o Revising application and appeals procedures;

o Updating and renumbering definitions;

o Revision of the "Business Enterprise Program" including the vending machine program;

o Amending confidentiality, information access and informed consent provisions.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda G. Cook

Staff Attorney

GWL/