Haw. Code R. § 17-400.1-9 - Certification for telephone solicitation
(a) The department
shall certify and issue a certificate to persons with disabilities engaging in
the solicitation of goods or services by telephone who declare their disabling
condition to promote sales, and satisfy the application and certification
requirements of this section.
(b)
The certificate shall certify that the applicant is impaired by a disability
which constitutes a substantial permanent or semi-permanent impairment to
employment. The certificate shall be valid for one year (12 months from the
date of the certificate) and may be renewed in accordance with subsection
(g).
(c) The person so certified at
the time of solicitation shall disclose:
(1)
The person's name and vocational rehabilitation certificate number;
(2) The person's employer's name;
(3) The amount of remuneration or commission
the person will receive from the sale of goods or services; and
(4) The fact that the person represents a
business for profit which is owned by persons who are not disabled or impaired,
if such is the fact.
(d)
Persons who wish to be certified under this section shall apply, in writing, to
the vocational rehabilitation and services for the blind division and submit
the following information within 30 calendar days, unless extended for a
specific period of time by the division in the event of a national disaster,
State emergency, or union strike, which would prevent the applicant or the
division from fulfilling this requirement:
(1) Name, address, telephone;
(2) Name of firm or employer;
(3) Statement of request and signature;
and
(4) Written medical reports
(medical or psychological or both) substantiating claimed disability and other
related information as necessary, completed by licensed physicians or
psychologists in cases of mental conditions.
(e) Failure to submit the required
information within the 30-day period, or by the end of any specific period of
extension allowed by the division, will result in termination of the
application.
(f) All applications
must be reviewed and be approved or denied by a representative of the division
within 60 calendar days of the date the application is received by the
division, unless extended for a specific period of time in the event of a
natural disaster, State emergency, or union strike, which would prevent the
applicant or division from fulfilling review requirements. Failure on the part
of the division to complete the review or to approve or deny an application
within the 60 calendar day period, or within any specific period of extension
determined necessary under this subsection, shall result in an automatic
approval of the application. The division shall issue a numbered certificate to
the applicant which shall be valid for one year (12 months from the date of the
certificate) after which the individual must reapply for
certification.
(g) Renewal of
certification shall be filed in the same manner as an initial application, and
in accordance with the requirements of subsections (d), (e), and (f). Medical
reports shall not be required except where the individual's circumstances may
indicate one is needed.
(h) Any
applicant for initial, reapplication, or renewal certification who is
dissatisfied with the division's decision or action taken in reviewing or
denying the applicant's application, may file an appeal with the department in
accordance with the general provisions for administrative relief contained in
title 17, chapter 2, Hawaii Administrative Rules of the department of human
services.
Notes
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