New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 184

Executive Department

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Source version current through Jul 31, 2022

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9 NYCRR 184.1 - Vocational education

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
(a)For the purposes of this Part, vocational education shall mean a planned, systematic sequence of instruction or other activity on an individual or group basis under competent supervision which is designed to impart skills, knowledge or abilities for the welfare and rehabilitation of facility residents to prepare them for suitable employment. Vocational education should include specific individual learning objectives, usually in the form of performance objectives as well as some manner of monitoring and measuring the attainment of these objectives. In addition, a student/mentor relationship may be established which allows an expert to guide and direct participants.
(b)Vocational education program components include:
(1)vocational assessment—measures the level of youth employability and the preparedness for the world of work. An employability development plan is developed to enhance employability;
(2)job readiness instruction—a comprehensive curriculum to address and prepare youth for employment;
(3)vocational counseling;
(4)supportive services;
(5)career exploration/job sampling;
(6)occupational skills training; and
(7)on-the-job training/work experience.

9 NYCRR 184.2 - Structured work experience program

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
(a)This program provides exposure to a real life work environment available to selected participants of the vocational program. Participants may experience the relationship between work performance, rate of pay and the production of a finished, marketable product.
(b)Eligibility criteria:
(1)social security number, working papers, if necessary;
(2)medical authorization to participate;
(3)completion of vocational program components (1) through (6) (section 184.1 [b][1]-[6]); and
(4)participation must be appropriate for the youth.

9 NYCRR 184.3 - Sale of products

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NYCRR title agency
Executive Department
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Section source receipt
Source version current through
Jul 31, 2022

The Director of the Division for Youth and the superintendents, directors and officials of division facilities are authorized to sell the projects resulting from the vocational and avocational education of the residents. The products may be sold through direct agreements in the public sector in accordance with section 184.4 of this Part and product marketing and order solicitation in the private sector.

9 NYCRR 184.4 - Contractual authorization

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NYCRR title agency
Executive Department
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Section source receipt
Source version current through
Jul 31, 2022

The Director of the Division for Youth or his designee is authorized to enter into contracts with State agencies, political subdivisions and public benefit corporations for the sale of products resulting from the vocational education of residents, provided that such products are not available to the purchasing entity under a centralized contract and the sale does not exceed monetary limits established by statute or by any such entity which would mandate competitive bidding for the purchase of such product.

9 NYCRR 184.5 - Vocational education fund

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
(a)The Director of the Division for Youth is authorized to establish a vocational education fund and may authorize the superintendent or director of any division facility to establish a vocational education fund for the receipt of proceeds from products sold by one or more residents incident to an avocational or vocational project approved by the director.
(b)Disbursement of proceeds.

Monies of the fund shall be disbursed as follows:

(1)an amount equal to the proceeds from the sale of the product produced by one resident may be deposited to the account of such resident;
(2)an amount equal to the proceeds from the sale of a product produced by two or more residents may be divided equally among such residents and deposited to their respective accounts; or
(3)in cases where vocational or avocational products or projects involve the participation of a group of residents and the contribution of individual residents cannot be identified, proceeds from such products or projects shall be deposited in the vocational education fund for disbursement for the general benefit of the facility residents.

In determining the amount of the proceeds from a sale of a product that may be deposited to the account of a resident, the Director of the Division for Youth shall provide for a deduction from the sum of the proceeds for reasonable expenses, including, but not limited to, the value of materials and supplies for the production of the product. The amount deducted from such expenses shall be kept on deposit in the vocational education fund and expended to pay for services and expenses of operating self-sustaining vocational education programs at Division for Youth facilities.

(c)Authorized disbursements from the vocational education fund:
(1)purchase of supplies, materials and equipment for existing or confirmed vocational projects. All purchases must conform with Office of General Services and/or Audit and Control purchasing requirements and must be approved by the employment unit;
(2)transfers to youths' accounts for work done or profits shared;
(3)sales taxes due; and
(4)division-approved expenditures of avocational moneys for recreational supplies and activities, special events and equipment which benefit the youth in division care.
(d)The following may not be paid from the vocational education fund:
(1)personal service expenditures of any type, with the exception of payment to division residents;
(2)training sessions, courses, etc., for vocational instructors, counselors, etc.; and
(3)payment to division staff or their family members for any type of goods, service or reimbursement.

9 NYCRR 184.6 - Payments to youth for work on projects

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

Payments to youth for work done on projects must be based on a specific measuring unit—hours worked or pieces produced. Sufficient documentation (i.e., timesheets, record of pieces produced, etc.) must be provided to the business office before profits are distributed or wages paid. All documentation must be signed by the appropriate vocational staff. Timesheets are to be completed by the youth and certified as accurate by the appropriate supervising staff. The timesheet must show the date, hours worked, rate of pay, name of youth, contract, contract or project number.

9 NYCRR 184.7 - Financial control

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

Each participating facility shall establish and maintain a financial recordkeeping system separate from other facility activities. Accounting procedures shall be established and maintained to ensure fiscal and program integrity. Records which must be maintained include:

(a)sales records and cash receipt control;
(b)inventory of products and supplies;
(c)youth money management plan; and
(d)sales tax records.

9 NYCRR 184.8 - Sales tax compliance

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

Each facility director shall be responsible for collecting sales tax related to a vocational or vocational products and projects and for the following requirements:

(a)A certificate of registration must be filed with the State Sales Tax Commission.
(b)Records of each sale, including amounts paid, charged or due thereon shall be maintained and available for audit by the Department of Taxation and Finance.
(c)Quarterly reports and any taxes collected during such quarter shall be submitted to the Department of Taxation and Finance.

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