(a) The Division for the Visually Impaired is established having the power to perform and be responsible for the performance of all powers, duties and functions heretofore vested in the Delaware Commission for the Blind, pursuant to Chapters 21 and 23 of Title 31 as formerly vested in the Division of Social Services.
(b) The Division for the Visually Impaired shall have the power to establish, monitor and oversee the operation of business programs for the purpose of providing training and employment for Delaware residents who are visually impaired. These business programs may include, but shall not be limited to, vending, engraving, retail food services, meal preparation and distribution, concession stands and any other such business programs as may be deemed appropriate by the Director of the Division for the Visually Impaired. Such programs shall be known as either Delaware Industries for the Blind or Business Enterprise Program.
(1) The Division for the Visually Impaired shall be authorized to promulgate rules and regulations to implement and operate the programs.
These rules and regulations shall include, but not be limited to, provisions relating to participant eligibility, personnel management, fiscal controls, marketing plans and enforcement of production quality standards.
(2) Participants in the business programs shall be employees of a particular program and may continue in that program only pursuant to the rules of the program. All participants shall adhere to the rules and regulations promulgated by the Division for the Visually Impaired.
(c) The Division Director shall be an exempt employee, knowledgeable and skilled in the field of services to the visually impaired and responsive to the needs and concerns of that population.
(d) The State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112) [29 U.S.C. § 701 et seq.], as amended. The Department of Health and Social Services shall act as the sole state agency with the Secretary of the Department as the State Officer, and the Division of the Visually Impaired as the Designated State Unit for all moneys from the act that are designated for persons with visual impairment and blindness. This is defined in a cooperative agreement dated December 1985 between the Department of Labor, Visually Impaired and Vocational Rehabilitation. The Department shall cooperate with the U.S. Department of Education, Rehabilitation Services Administration, and, in accordance with all state laws, prepare the state plan and carry out the Rehabilitation Act of 1973 and amendments thereto.
61 Del. Laws, c. 329, § 3; 69 Del. Laws, c. 291, § 172; 70 Del. Laws, c. 425, § 159; 73 Del. Laws, c. 310, § 17.
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