Page images
PDF
EPUB

course of study meeting the standards specified in the award. The Commisestablished by the Commissioner with re- sioner may extend or renew an award spect to rehabilitation training;

upon application: Provided, That no (c) He shall be a citizen of the United training or instruction (including a comStates, or shall have been lawfully ad- bination of traineeship and research fel. mitted for permanent residence to the lowship awards) shall be provided to any United States;

individual for any one course of study (d) He shall have taken and sub- for a period longer than 4 years. scribed to an oath or affirmation in the following form: “I do solemnly swear (or

§ 403.36 Payment. affirm) that I bear true faith and alle- Payment of traineeships shall be made giance to the United States of America according to methods and in amounts esand will support and defend the Consti

tablished by the Commissioner. tution and laws of the United States against all its enemies, foreign and do

§ 403.37 Termination. mestic;” and

The Commissioner may terminate any (e) He shall meet any other require

traineeship prior to the date it would ments set by the Commissioner as neces

otherwise expire, either on request of the sary to carry out the purposes of section

trainee or because of unsatisfactory per7 of the act.

formance, unfitness, or inability to carry $ 403.34 Conditions.

out the purpose of the traineeship. (a) Training shall be carried out only

RESEARCH FELLOWSHIPS at the educational institution or agency

§ 403.40 Eligibility. designated by the Commissioner in the traineeship award. A change of the

Research fellowships are available to training institution shall be made by the

any person who has demonstrated ability trainee only with the consent of the

and special aptitude for advanced trainCommissioner.

ing or productive scholarship in the pro(b) Individuals receiving traineeship

fessional fields which contribute to the awards shall not be required to perform

vocational rehabilitation of handicapped any services for the Vocational Rehabili

persons. Predoctoral, postdoctoral and tation Administration.

special research awards are made. A (c) The Vocational Rehabilitation Ad

candidate for a fellowship shall meet the ministration assumes no responsibility

qualifications established by the Comfor employing or placing an individual

missioner for carrying out the purpose of awarded a traineeship, and a trainee is

research fellowships, including: free to seek employment of his own

(a) The individual shall have filed an choice upon conclusion of training sup

application in the form and manner preported by the award.

scribed by the Commissioner, and shall (d) Any publication resulting from

have supplied pertinent information with work accomplished under the trainee

respect to his scholastic and other qualiship award shall include an acknowledg

fications and personal fitness for the ment of the award, and copies of such

proposed work; publication shall be furnished to the Vo

(b) He shall be a citizen of the United cational Rehabilitation Administration.

States or shall have been lawfully adWhere the work accomplished under a mitted for permanent residence to the traineeship award results in a book or

United States; other copyrightable material, the author (c) He shall not be receiving other is free to copyright the work, but the Vo- Federal educational benefits during the cational Rehabilitation Administration period of the Vocational Rehabilitation reserves a royalty-free, nonexclusive, and Administration fellowship; and irrevocable license to reproduce, publish, (d) He shall have taken and subor otherwise use, and to authorize others scribed to an oath or affirmation in the to use, all copyrightable or copyrighted following form: "I do solemly swear (or material resulting from the award-sup- affirm) that I bear true faith and alleported activity.

giance to the United States of America

and will support and defend the Consti$ 403.35 Duration.

tution and laws of the United States A traineeship award shall extend for 1 against all its enemies, foreign and academic year, unless a shorter period is domestic."

$ 403.41 Submittal and review of appli. is substantial reason to believe that the cations.

fellowship should be denied or termi(a) Research fellowship application

nated on grounds that: forms may be obtained from the Chief,

(a) The oath or affirmation as reDivision of Research Grants and Demon

quired by $ 403.40(d) was not taken in strations, Vocational Rehabilitation Ad

good faith; or ministration, Department of Health,

(b) The applicant or fellow has enEducation, and Welfare, Washington,

gaged in such criminal or other conduct D.C., 20201. Applications may be sub

as reflects seriously and adversely on his mitted at any time.

moral character, the Commissioner shall (b) Selection of fellows is based on so notify such applicant or fellow and ability as evidenced by letters of recom

inform him that, unless a request for a mendation, academic records, and other

review is made within 20 days of the appropriate evidences of scholarly and

mailing of such notice, his application or research activity. Applications are sub

request for renewal will be denied or his mitted to the Research Fellowship Board

fellowship terminated. Any such reof the Vocational Rehabilitation Ad quest for review shall be promptly subministration for review and recom

mitted by the Commissioner to the mendation. Applications are presented

Chairman of the Departmental Fellowto the Fellowship Board as soon as possi

ship Review Panel for further proceedble after they are received. However, in

ings in accordance with the regulations order to allow sufficient time for pre

of the Secretary providing for such reliminary review, it is necessary that the view. (Part 10 of this title.) application and all supporting documents

$ 403.44 Conditions. be received at least three months prior to the desired notification date of action

(a) Location. Research under a reon the application.

habilitation research fellowship shall be (c) The Commissioner determines the

carried out only at the educational inaction to be taken on the award and the

stitution or facility specified in the applicant is informed accordingly in

award. It is the responsibility of the apwriting.

plicant to make all necessary arrange

ments for the conduct of his proposed § 403.42 Benefits.

research fellowship work with the instiResearch fellowship awards may in tution or agency where the work will be clude:

done. (a) Stipends at rates fixed by the (b) Publications. All publications reCommissioner;

sulting from work accomplished under a (b) Actual tuition costs and related Vocational Rehabilitation Administrafees, payable directly to the educational tion research fellowship shall ca cry apinstitution or facility;

propriate acknowledgment of the Award, (c) Vacation or other leave in accord and copies of such publications suall be ance with the custom of the institution furnished to the Vocational Rehal'iitaat which the fellow is working, but not tion Administration. Where the work in excess of 1 month per year; and

accomplished under a research fellow(d) Transportation and related ex

ship award results in a book or other penses, in accordance with the Stand copyrightable material, the author is free ard Government Travel Regulations, for

to copyright the work, but the Vocatravel to the location of the fellowship

tional Rehabilitation Administration reand travel required to carry out the pur

serves a royalty-free, nonexclusive, and poses of the fellowship, including at

irrevocable license to reproduce, publish, tendence at meetings. Such travel

or otherwise use, and to authorize others allowance shall not include expenses of

to use, all copyrightable or copyrighted transporting dependents, shipping material resulting from the awardcharges for personal effects or house supported activity. hold goods, or foreign travel.

(c) Patents. Any invention arising

out of the activities assisted by the award & 403.43 Denials or terminations in the

shall be promptly and fully reported to best interests of the United States.

the Vocational Rehabilitation AdminisWhenever with respect to an appli tration. Ownership and the manner of cant for, or a recipient of, a research disposition of all rights in and to such fellowship who otherwise meets the invention chall be determined by the qualifications for such fellowship there Commissioner of Vocational Rehabilita

tion, in accordance with Department patent regulations and policy of the Department of Health, Education, and Welfare. The Vocational Rehabilitation Administration should be advised promptly prior to an award by the applicant of any commitment, obligation or condition which would or could be an obstacle to the applicant's fulfillment of this requirement.

(d) Confidential information. All information as to personal facts given or made available to a research fellow in the course of his activities under the research fellowship award, including lists of names and addresses and records of evaluation, shall be held to be confidential. The use of such information and records shall be limited to purposes directly connected with the research fellowship award and may not be disclosed either directly or indirectly unless the consent of the agency providing the information and the individual to whom the information applies has been obtained in writing. The final product of the research will not reveal any information that may serve to identify any person about whom information has been obtained without his written consent.

(e) Final report. The fellow is expected to send a copy of a final report to the Vocational Rehabilitation Adminis-, tration within 30 days after termination of his award. A copy of the dissertation is required from predoctoral fellows. § 403.45 Duration,

A research fellowship may be awarded for varying periods, such as for a full 12 months, and may be subject to extension or renewal by the Commissioner; Provided, That no research fellowship, or a combination of research fellowships and traineeships, shall be awarded to any individual for any one course of study for a period longer than 4 years. $ 403.46 Payment.

Payment of fellowship awards shall be made according to methods and rates established by the Commissioner. 8 403.47 Termination.

The Commissioner may terminate a research fellowship appointment before its expiration date at the request of the fellow or because of unsatisfactory performance, unfitness, or inability to carry out the purposes of the award.

Subpart - Intramural Research and

Information $ 403.50 Intramural research.

Under section 7 of the act, the Commissioner is authorized, directly or by contract, to conduct research, studies, investigations, and demonstrations, and to make reports, with respect to abilities, aptitudes, and capacities of handicapped individuals, development of their potentialities, and their utilization in gainful and suitable employment. $ 403.51 Information service.

Under section 7 of the act, the Commissioner is also authorized, directly or by contract, to plan, establish, and operate an information service, to make available to agencies, organizations, and other groups and persons concerned with vocational rehabilitation, information on rehabilitation resources useful for various kinds of disability and on research and the results thereof and on other matters which may be helpful in promoting the rehabilitation of handicapped individuals and their greater utilization in gainful and suitable employment. Activity under this authority may include the establishment and operation of a national information service in rehabilitation, using modern automated data equipment, to collect, store, analyze, retrieve, and disseminate information on the Federal-State program, research, training, prosthetics and orthotics, centers and workshops, and other related aspects of vocational rehabilitation, as & service to agencies and individuals.

PART 404_VENDING STAND PRO

GRAM FOR THE BLIND ON FEDERAL

AND OTHER PROPERTY Sec. 404.1 Terms. 404.2 Application for designation as licens

ing agency; general, 404.3 Application for designation as 11

censing agency; contents. 404.4 Rules and regulations of licensing

agency; general. 404.5 Rules and regulations; ownership by

operators. 404.6 Rules and regulations; issuance and

conditions of licenses. 404.7 Rules and regulations; hearings. 404.8 Rules and regulations; set aside of

funds. 404.9 Use of servicing arrangement. 404.10 Agreements with State vocational re

habilitation agencies.

$ 403.41 Submittal and review of appli.

cations. (a) Research fellowship application forms may be obtained from the Chief, Division of Research Grants and Demonstrations, Vocational Rehabilitation Administration, Department of Health, Education, and Welfare, Washington, D.C., 20201. Applications may be submitted at any time.

(b) Selection of fellows is based on ability as evidenced by letters of recommendation, academic records, and other appropriate evidences of scholarly and research activity. Applications are submitted to the Research Fellowship Board of the Vocational Rehabilitation Administration for review and recommendation. Applications are presented to the Fellowship Board as soon as possible after they are received. However, in order to allow sufficient time for preliminary review, it is necessary that the application and all supporting documents be received at least three months prior to the desired notification date of action on the application.

(c) The Commissioner determines the action to be taken on the award and the applicant is informed accordingly in writing. § 403.42 Benefits.

Research fellowship awards may include:

(a) Stipends at rates fixed by the Commissioner;

(b) Actual tuition costs and related fees, payable directly to the educational institution or facility;

(c) Vacation or other leave in accordance with the custom of the institution at which the fellow is working, but not in excess of 1 month per year; and

(d) Transportation and related expenses, in accordance with the Standard Government Travel Regulations, for travel to the location of the fellowship and travel required to carry out the purposes of the fellowship, including attendence at meetings. Such travel allowance shall not include expenses of transporting dependents, shipping charges for personal effects or household goods, or foreign travel. $ 403.43 Denials or terminations in the

best interests of the United States. Whenever with respect to an applicant for, or a recipient of, a research fellowship who otherwise meets the qualifications for such fellowship there

is substantial reason to believe that the fellowship should be denied or terminated on grounds that:

(a) The oath or affirmation as required by $ 403.40(d) was not taken in good faith; or

(b) The applicant or fellow has engaged in such criminal or other conduct as reflects seriously and adversely on his moral character, the Commissioner shall so notify such applicant or fellow and inform him that, unless a request for a review is made within 20 days of the mailing of such notice, his application or request for renewal will be denied or his fellowship terminated. Any such request for review shall be promptly submitted by the Commissioner to the Chairman of the Departmental Fellowship Review Panel for further proceedings in accordance with the regulations of the Secretary providing for such review. (Part 10 of this title.) § 403.44 Conditions.

(a) Location. Research under a rehabilitation research fellowship shall be carried out only at the educational institution or facility specified in the award. It is the responsibility of the applicant to make all necessary arrangements for the conduct of his proposed research fellowship work with the institution or agency where the work will be done.

(b) Publications. All publications resulting from work accomplished under a Vocational Rehabilitation Administration research fellowship shall ca cry appropriate acknowledgment of the award, and copies of such publications swall be furnished to the Vocational Rehaliitation Administration. Where the work accomplished under a research fellowship award results in a book or other copyrightable material, the author is free to copyright the work, but the Vocational Rehabilitation Administration reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrightable or copyrighted material resulting from the awardsupported activity.

(c) Patents. Any invention arising out of the activities assisted by the award shall be promptly and fully reported to the Vocational Rehabilitation Administration. Ownership and the manner of disposition of all rights in and to such invention chall be determined by the Commissioner of Vocational Rehabilita

(q) "State" means a State, Territory, selection, duties, supervision, transfer, or possession, or the District of Colum and financial participation. bia.

(g) The methods to be followed in $ 404.2 Application for designation as

providing suitable training to blind per

sons selected for licensing under the licensing agency; general.

program. (a) Applications for designation as li (h) The arrangements made or concensing agency may be submitted by a

templated, if any, for the utilization of State Commission for the Blind or, in the services of any agency or organizaany State where there is no such Com

tion; the agreements therefor and the mission, by some other public agency of services to be provided; the procedures that State. Effective August 3, 1958, in for the supervision and control of the any State having an approved plan for services provided by such agency or orvocational rehabilitation pursuant to the

ganization and the methods used in Vocational Rehabilitation Act, only the evaluating services received, the basis sole agency designated pursuant to sec

for remuneration, and the fiscal controls tion 5(a) (1) of such act with respect to and accounting procedures. vocational rehabilitation of the blind

(i) The arrangements made or conmay be the State licensing agency. templated, if any, for the vesting in ac(b) The application shall:

cordance with the laws of the State, of (1) Be submitted in writing to the the right, title to, and interest in vendCommissioner;

ing stand equipment or stock (including (2) Be approved by the chief execu vending machines) used in the program tive of the State; and

in a nominee of the licensing agency to (3) Be transmitted over over the sig hold such right, title to, and interest for nature of the executive officer of the State program purposes. agency making application.

(j) That the designated State licens§ 404.3 Application for designation as

ing agency will: licensing agency; contents.

(1) Cooperate with the Commissioner

in carrying out the purpose of the act: The application shall indicate:

(2) Take effective action, including (a) The licensing agency's legal au the termination of licenses, to carry out thority to perform the functions neces full responsibility for the management sary for the administration of the pro and operation of each vending stand in gram, including its authority to issue its program, in accordance with its esregulations to govern the program which tablished rules and regulations, this part, would have the force and effect of law and the terms and conditions governing within the State, and that such regula the permit; tions will be issued in accordance with (3) Submit promptly to the Commisthe provisions of State law.

sioner a description of any changes in (b) The licensing agency's organiza the legal authority of the licensing tion for carrying out the program, in agency, its rules and regulations, and cluding, where the licensing agency and any other matters which form a part of the State vocational rehabilitation the application; agency are the same, the methods of co (4) If it intends to set aside, or cause ordinating the two programs.

to be set aside, funds from the proceeds (c) The broad policies and standards of the operation of vending stands, obto be employed in the selection of suit tain a prior determination by the Comable locations for vending stands.

missioner that the funds to be set aside (d) The policies to be followed in mak do not exceed a reasonable amount; ing suitable vending stand equipment (5) Furnish each operator a copy of and adequate initial stocks of merchan its rules and regulations and a descripdise available and the sources of funds tion of the arrangements for providing to be used therefor.

services, and take adequate steps to as(e) The sources of funds for the man sure that each operator understands the agement of the program and the amounts provisions of such documents and the of funds, if any, to be set aside from the provisions of the permit and any agreeproceeds of the operation of vending ments under which he operates, as evistands.

denced by his signed statements; and (f) The policies and standards gov (6) Make such reports in such form erning the relationship of the licensing and containing such information as the agency to the operators, including their Commissioner may from time to time re

« PreviousContinue »