28-9-1 to 28-9-22.
Repealed.
28-9-23
Definition of terms.
28-9-24
Repealed.
28-9-25
Administration by director.
28-9-26
Repealed.
28-9-27
Employment of personnel for division.
28-9-28, 28-9-29.
Repealed.
28-9-30
Rehabilitation service provided to eligible persons.
28-9-31
Repealed.
28-9-32
Types of services provided without cost.
28-9-33
Repealed.
28-9-34
Repealed.
28-9-35
Repealed.
28-9-36
Review of determinations of counselors or coordinators--Written final
determination by division director.
28-9-37 to 28-9-39.
Repealed.
28-9-40
Agreements to implement federal statutes--Administration--Compliance with
federal requirements.
28-9-41
Repealed.
28-9-42, 28-9-43.
Repealed.
28-9-44
Rules for division--Scope of rules.
28-9-45
Repealed.
28-9-46
Repealed.
28-9-47
Advisory Committee on Employment of People with Disabilities designated.
28-9-48, 28-9-49. Repealed.
28-9-23. Definition of terms.
Terms used in this chapter mean:
(1) "Director," the director of rehabilitation services;
(2) "Division," the Division of Rehabilitation Services;
(3) "Vocational rehabilitation" and "vocational rehabilitation services," any goods or services, found by the director to be necessary to render an individual with a disability employable including an assessment for determining eligibility and vocational rehabilitation needs.
Source: SL 1951, ch 46, § 1; SDC Supp 1960, § 15.08A01; SDCL, § 13-40-1; SL 1975, ch 128, § 269; SL 1993, ch 210, § 1; SL 1997, ch 169, § 1.
28-9-25. Administration by director.
The Division of Rehabilitation Services shall be administered by the director appointed pursuant to § 1-36A-4.
Source: SL 1951, ch 46, § 3; SDC Supp 1960, § 15.08A03; SDCL, § 13-40-3; SL 1975, ch 128, § 271; SL 1977, ch 226, § 12.
28-9-27. Employment of personnel for division.
The director of rehabilitation services shall employ, in accordance with chapter 3-6D, personnel as the director deems necessary for the efficient performance of the Division of Rehabilitation Services.
Source: SL 1951, ch 46, § 3; SDC Supp 1960, § 15.08A03 (1); SDCL § 13-40-5; SL 1973, ch 101; SL 1975, ch 128, § 273; SL 2018, ch 12, § 10.
28-9-30. Rehabilitation service provided to eligible persons.
The Division of Rehabilitation Services shall provide vocational rehabilitation and independent living services to individuals with disabilities determined by the director of rehabilitation services to be eligible.
Source: SL 1951, ch 46, § 4; SDC Supp 1960, § 15.08A04; SDCL, § 13-40-8; SL 1975, ch 128, § 276; SL 1993, ch 210, § 3; SL 1997, ch 169, § 5.
28-9-32. Types of services provided without cost.
Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to persons with disabilities based upon their economic need:
(1) Physical and mental restoration;
(2) Transportation, for any purpose except when determining the person's eligibility for vocational rehabilitation services and the nature and extent of the services necessary;
(3) Occupational licenses, tools, equipment, and initial stocks and supplies, excluding computers and computer-related devices needed to overcome a disability-related impediment to employment;
(4) Maintenance for any purpose except when determining the person's eligibility for vocational rehabilitation services and the nature and extent of the services necessary;
(5) Training books and materials; and
(6) Tuition and fees for participating in postsecondary academic training programs under the Federal Student Financial Assistance Program.
Source: SL 1951, § 46, § 8; SDC Supp 1960, § 15.08A08; SDCL, § 13-40-10; SL 1975, ch 128, § 278; SL 1993, ch 210, § 5; SL 1996, ch 185; SL 2001, ch 153, § 1.
28-9-36. Review of determinations of counselors or coordinators--Written final determination by division director.
The director of the Division of Rehabilitation Services shall establish procedures, pursuant to chapter 1-26, for the review of any determination made by a rehabilitation counselor or coordinator upon the request of the individual with the disability, or the individual's parents, if the individual is a minor, or the individual's guardian.
Source: SL 1951, ch 46, § 9; SDC Supp 1960, § 15.08A09; SDCL, § 13-40-13; SL 1975, ch 128, § 282; SL 1981, ch 218, § 1; SL 1989, ch 21, § 147; SL 1993, ch 210, § 8; SL 2001, ch 154, § 1.
28-9-40. Agreements to implement federal statutes--Administration--Compliance with federal requirements.
The Division of Rehabilitation Services shall make agreements or plans to cooperate with the United States in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation. The division may adopt such methods of administration as are found by the United States to be necessary for the proper and efficient operation of such agreements or plans. The division may comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
Source: SL 1951, ch 46, § 5; SDC Supp 1960, § 15.08A05; SDCL, § 13-40-17; SL 1975, ch 128, § 286.
28-9-44. Rules for division--Scope of rules.
The secretary of the Department of Human Services may promulgate rules for the Division of Rehabilitation Services in accordance with chapter 1-26, governing:
(1) The protection of records and confidential information;
(2) Application requirements;
(3) Eligibility requirements;
(4) Income and resource requirements;
(5) Administration and operation of vocational rehabilitation and independent living programs;
(6) Grant applications and awards;
(7) Administrative reviews and fair hearings;
(8) Amount, scope, and duration of rehabilitative services and independent living services;
(9) Fees.
Source: SL 1951, ch 46, § 3; SDC Supp 1960, § 15.08A03 (2); SDCL, § 13-40-21; SL 1975, ch 128, § 290; SL 1976, ch 172, § 2; SL 1977, ch 226, § 13; SL 1992, ch 198, § 4.
28-9-47. Advisory Committee on Employment of People with Disabilities designated.
The Board of Vocational Rehabilitation is hereby designated as the Governor's Advisory Committee on Employment of People with Disabilities and shall perform the duties of the committee.
Source: SL 1967, ch 270, § 1; SL 1989, ch 444, § 2; SL 1997, ch 297, § 1; SDCL § 60-7-1; SL 2008, ch 276, § 67
28-9-48, 28-9-49. Repealed by SL 2012, ch 14, §§ 3, 4.
