Section 17-401.1-26 - Occupational licenses, tools, equipment, and initial stocks and supplies(a) The division may provide an applicant in a trial work experience or extended evaluation, or an individual determined eligible for VR services with an occupational license, tools, equipment, initial stocks, and supplies for employment or self-employment, consistent with the individual's needs and, as appropriate, the individual's informed choice in accordance with section 17-401.1-12, when necessary to determine the applicant's eligibility for VR services or when necessary for the eligible individual to achieve an employment outcome. (1) "Occupational licenses" are any license, permit or other written authority required by a state, city, or other government unit to be obtained in order to enter an occupation or a small business such as a chauffeur license, food service license, realtor license, or business license.(2) "Tools" shall be limited to those types needed or required by the VR applicant or eligible individual during training or for entry into employment and customarily required for the job and normally possessed by workers in the same or similar trade or profession. Special tools may be provided in cases where they are required by the individual to perform normal tasks because of the individual's disability or functional limitations.(3) "Equipment" refers to pieces of occupational fixtures normally found in places of business for use in carrying out the requirements of the particular business and which are needed to provide for an efficient operation. (A) Generally, equipment includes apparatus, machinery, and appliances that are usually of a stationary nature during the time of use.(B) Equipment which have no connection with the actual functions of a business, trade, or profession but are required because of the nature of the individual's disability may be provided.(C) "Shelter" to house a self-employment business venture is included as equipment if customarily furnished by an operator of a like undertaking, occupying premises under a short-term lease. Shelters which are normally portable, easily dismantled, moved, and reassembled with a minimum loss of value, are differentiated from buildings, which are excluded as rehabilitation service to individuals based on permanency of structure.(D) Automobiles, trucks, vans and other like vehicles shall not be considered as equipment.(4) "Initial stocks and supplies" may be provided only to individuals entering self-employment. (A) "Initial stock" includes the initial inventory of merchandise or goods necessary for direct resale or for further preparation for direct resale either on a wholesale or retail basis. (i) The amount of such goods to be provided as an initial stock shall be determined by the amount considered necessary to enable the individual to initially open business. When a turnover of the primary operation stock occurs, the individual should have adequate income to replenish the depleted stock for the first time in addition to having the necessary income to meet daily living needs.(ii) The initial purchase of livestock necessary for the establishment of a base stock of animals or the purchase of initial supplies of seed, fertilizer, fuel, and other supplies for a farming or agricultural self-employment venture may be provided as a rehabilitation service.(B) "Supplies" are expendable items necessary to enable the individual to carry out the day-to-day operations of the self-employment business and are consumed on the premises such as: (i) Stationery, pencils, pens, stamps, and other office supplies for a business office;(ii) Soap, shampoo, hair tonic, and other barber supplies for a barber shop; and(iii) Wrapping paper, string, stationery, and other supplies for a retail store.(b) Occupational licenses, tools, equipment, and initial stocks and supplies are subject to the use of comparable services and benefits provisions of section 17-401.1-13 and the use of personal resources (financial needs test) provisions of section 17-401.1-14.(c) The division shall retain title to all tools, equipment, shelters, initial stock and supplies, including livestock provided to an applicant or eligible individual, until the individual with a disability is vocationally rehabilitated and on condition that tools, equipment, shelters, and initial supplies, including livestock, are still needed or required for continued employment. An inventory of items provided shall be maintained in the division's record of services for the individual.(d) Disposition of items on inventory shall be clearly indicated in the division's record of services for the individual, including justification for action taken, and other details to account for its whereabouts and other status of possession.Haw. Code R. § 17-401.1-26
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. 361.50 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 )