KRS 163.470: Office for Vocational Rehabilitation responsible for services for the

blind and visually impaired.

(1) The executive director shall be appointed by the secretary of the Education

and Labor Cabinet pursuant to KRS 12.050.

(2) The office shall be the state agency responsible for all rehabilitation services

for the blind and the visually impaired and other services as deemed

necessary. The office shall be the agency authorized to expend all state and

federal funds designated for rehabilitation services for the blind and visually

impaired. The Office of the Secretary of the Education and Labor Cabinet is

authorized as the state agency to receive all state and federal funds and gifts

and bequests for the benefit of rehabilitation services for the blind and visually

impaired. The State Treasurer is designated as the custodian of all funds and

shall make disbursements for rehabilitation purposes upon certification by the

executive director.

(3) The office shall establish and implement policies and procedures for the

carrying out of the program of services for the blind.

(4) At the close of each biennium, the office shall prepare a financial report and

present it to the secretary of the Education and Labor Cabinet and to the

Governor. The biennial report shall be published. The biennial report shall also

contain a precise review of the work of the office and contain necessary

suggestions for improvement.

(5) The office shall coordinate its functions with other appropriate public and

private agencies.

(6) The office shall perform all other duties as required of it by law.

(7) The executive director shall hire personnel as necessary to carry out the work

of the office and the provisions of KRS 163.450 to 163.470. Preference shall be

given to hiring qualified blind persons.

(8) The Office of Vocational Rehabilitation shall provide intake and rehabilitation

counseling services; distribute or sell technical educational and other aids to

the blind; provide educational materials such as recorded texts, braille or

large-type texts, or such other materials as may be deemed necessary for the

education of the blind; research into the development of new technical aids for

the blind, mobility training, work evaluation, personal adjustment, independent

living, and other services as needed for blind adults, and services for the blind

who have other disabilities; and promote employment of the blind in public and

private sectors.

(9) There shall be established under the authority of the office, to be directed by a

director appointed by the secretary pursuant to KRS 12.050, the Division of

Kentucky Business Enterprise. This division shall manage and supervise the

Vending Facilities Program and license qualified blind persons as vendors. In

connection therewith, the office shall be authorized to own or lease vending

equipment for the operation of vending facilities in federal, state, private, and

other buildings. The set-aside charges levied shall comply with the existing

federal regulations as specified in 34 CFR 395.9. One (1) or more facility

placement agents shall be employed to locate and establish additional vending

facilities. The office shall make such surveys as may be deemed necessary to

determine the vending facility opportunities for blind vendors in state buildings

or on other property owned, leased, or otherwise occupied by the state

government and shall install vending facilities in suitable locations on such

property for the use of the blind. All of the net income from vending machines

which are on the same property as a vending facility shall be paid to the blind

vendor of the vending facility. Whenever there exists a conflict of interest

between state agencies seeking to vend merchandise on the same state

property, the agencies shall negotiate a fair agreement which shall protect the

interest of both from unreasonable competition. The agreement shall be

submitted to the custodial authority having jurisdiction over the property for

approval. Provided, however, that in all situations the blind vendor shall be

permitted to vend all items of merchandise customarily sold at similar vending

facilities.

(10) The office, at all times, shall be authorized to provide industrial evaluation,

training, and employment. The office shall provide staff services which shall

include staff development and training, program development and evaluation,

and other staff services as may be deemed necessary.

(11) The provisions of any other statute notwithstanding, the executive director is

authorized to use receipt of funds from the Social Security reimbursement

program for a direct service delivery staff incentive program. Incentives may be

awarded if case service costs are reimbursed for job placement of Social

Security or Supplemental Security Income recipients at the Substantial Gainful

Activity (SGA) level for nine (9) months pursuant to 42 U.S.C. sec. 422 and

under those conditions and criteria as are established by the federal

reimbursement program.