2010 Self-Employment Policy Revisions

Self Employment Policy Revision Team

• Charles Puckett

• David Beach

• Suzanne Isaacs

• Bill Pease

• Robin Ritter

• Jan Offutt

The Team Fully Embraced Their Charge

The Issues

• Staff felt inadequate

• If a person cannot secure a loan should we continue to support?

• Should there be a percentage of required contribution from the consumer?

Branch Managers Recommendations

• Small business expert to assist VR in writing guidelines.

• Consider consumer’s ability to contribute monetarily to the business, i.e. 10-15% of start up costs. Maximum allowable rate of $10,000.

• Consumer must have acceptable credit rating before VR will assist.

• District specialists be re-trained once new guidelines are set.

Team Strategies

• Surveyed Staff

• Rehab Net of other states policies

• Met with SBDC and private consultant

• Discussed with bank loan officer

• Reviewed current policy with Council

What We Learned….

From the Counselor Survey:

• 100 % -wanted to require consumer contribution

• 77% - wanted to require acceptable credit rating

• 75% - consumer includes the OVR projected contribution in the business plan

What We Learned….

From other states:

• Several levels of support and approval.

• Required to do more than write an acceptable business plan.

• Emphasis on feasibility study.

What We Learned….

From other states:– Consideration given to financial resources

available other than OVR

– Demonstrate their ability to perform the job

– Demonstrate their ability perform all the business related aspects.

2010 Policy Revisions

A Quick Look….• Sub Contract added-no business plan required

• More clarification on the Self-Employed Applicant

• Changes to the process and process form

• Flow Chart of process

• Revised “Counselor Review Form”

2010 Policy Revisions

Required Assessments:• Vocational Goal

• Consumers Aptitude for Self Employment

• Feasibility Study Required prior to the Business Plan

2010 Policy Revisions

Administrative Regulations

      (1) An eligible individual shall undergo appropriate assessment to determine work potential, including mental and physical abilities, and interests, aptitudes, personality traits and other pertinent characteristics.

               

Administrative Regulations

(2) An eligible individual shall participate in prevocational and small business training.  

(3) An eligible individual shall obtain any required license, permit, certificate, or lease, and be in conformity with all federal and state laws and local ordinances to commence an enterprise.

The Changes

(4) An eligible individual seeking to develop a self employment enterprise requiring start up costs of more than $1,000 shall:

      (a) Complete a feasibility study; and

      (b) Submit a business plan and have it approved

by the office prior to provision of services.   .

More Changes

(5) The office shall not be the sole source of capitalization for a self-employment enterprise with start up costs of $5,000 or more.

      (a) In addition to requirements under subsection (4), an eligible

individual seeking financial assistance with start up costs of $5000 to $10,000 shall contribute fifty (50) percent of the cost in excess of $5,000 either in capital or documented in kind resources and ninety (95) percent of the cost in excess of $10,000.

(b) An eligible individual shall provide documentation that the assets necessary for the required financial participation are in place prior to provision of services by the office.

     

More Changes

(6) The total office expenditures toward the start up costs for a self employment enterprise shall not exceed $10,000. The Director of Program Services or designee may make an exception if:

      (a) All provisions of subsections (1) through (5) are met; and

      (b)1. The nature of the individual’s vocational rehabilitation needs make it necessary that the service be provided; or

      2. The denial of the service will prohibit the individual from achieving the vocational goal; or

      3. The provision of the service will result in a cost savings to the Office

Review of Policy

What Is Self Employment? • Consumer owned business, profession or trade that

sells goods or services for the purpose of making a profit.

• At home or another work site.• Sole Proprietorship• Partnership(51%)• Corporation

Contract vs. Telecommuting

Home Based Business=Self-Employment• Contract Work is Self-Employment

Home Based Employment = not Self-Employment

• Telecommuting is not Self-Employment

SUBCONTRACT WORK

• Arranged for, contracted work to be done for others

• Work for a contractor - not considered self-

employed.

For example:• carpenter • painter

THE SELF-EMPLOYED APPLICANT

• One year or more in operation= Maintain Case

• Assess needs

• Disability related services only

• Negotiated under agency guidelines

THE SELF-EMPLOYED APPLICANT

• Services related to start-up and operational costs are not provided.

• A Business Plan is not required.

• Proof that the business has been the major source of income over the past 12 months is required.

DISTRICT SELF-EMPLOYMENT SPECIALIST

Role:• Resource to district staff:

- local Small Business Development Centers

- Service Corps of Retired Executives

- Self-employment training resources

- Business consultants • Answer questions

DISTRICT SELF-EMPLOYMENT SPECIALIST

• Liaison with resources

• Review the assessment

• Report any problems with process or procedures

Financial Considerations

• Consumer’s major source of income

• Termination of benefits

• Competitive employment standards

REVIEW OF THE PROCESS

• Discuss OVR funding policy

• Guidance and Counseling

• Assessment of the vocational goal

REVIEW OF THE PROCESS

• Assessment of the individual for self-employment

• Complete required self-employment training and education

• Completion and approval of a Feasibility Study

• Completion and approval of a Business Plan

• Conducting an economic needs assessment

REVIEW OF THE PROCESS

• Networking with partners to identify financial resources

• Obtain verification of consumers financial contribution

• Identify needed ongoing supports and services

• Develop the Individual Plan for Employment (IPE)

Self Employment ProcessApplication VR Eligible Vocational Assessment and

Guidance and Counseling

Develop Viable Vocational Goal

Training/Certifications

Is this SE? No

YesBegin Feasibility Study

Anticipated start up costs less than $1,000

Anticipated start up costs greater than $1,000 but less than $5,000

Anticipated start up costs greater than $5,000

but less than $10,000

Abbreviatedbusiness plan required

Negotiate services funded by OVR < $1,000

Counselor approvesbusiness plan

Full business plan development by consumer

Approval of plan by business consultant

Negotiate services funded by OVR < $5,000

IPE Developed

Full business plan development by consumer

Services negotiated up to $5,000-consumer 50% > $5,000

IPE Developed

Requires counselor, District Manager

and Program Director/Designee approval

Anticipated start up costs greater than $10,000

Exception required

Submit to Consultant

No

Yes

Approval given

IPE Developed

Approval of plan by business consultant

Scope of Services

• Training in the actual field

• Specific entrepreneurial training

• Referral to consultants

• A portion of initial stock, supplies, tools, and equipment-during first 6 months

Scope of Services

• Coordination and referral for small business loans

• Initial business licenses

• Start-up marketing and accounting costs – first 6 months

• Operational costs-first 6 months

Scope of Services

• Property modification to make accessible-consumer owned

• Rehabilitation technology

• Appraisal of existing business or franchise

Exclusions

• Operating Capital or grants

• Franchise fee’s or purchase of an existing business

• Businesses that are speculative in nature

• Business organized as non-profit

Exclusions

• Construction of buildings

• Permanent property modifications on leased or rented property.

• Purchase of permanent buildings or real estate

• Signing leases by agency

Exclusions

• Refinancing or payment of existing debt

• Payment for services or goods purchased prior to the approval of the business plan and signed IPE

• Liens by a 3rd party on OVR purchased equipment.

• Inclusion of OVR provided goods or services in the profit & loss statement.

Exclusions

• Provision of services for consumer in more than one business.

• Sole source of funding for stocking a business with inventory for resale.

• “On-going” business expenses (past first 6 months) not provided- Federal regulation.

FUNDING AND CONSUMER COST PARTICIPATION

Funding sources other than OVR will be required for businesses with start-up costs in excess of $5,000.

• Consumer must have a personal investment in the business and resources available to sustain the business beyond the six month start up phase.

• Cash investment or non-monetary, in-kind contributions. (not sweat equity)

Consumer Participation

• Services

• Land

• Facilities

• Goods

• Space

• Personnel

• Equipment

• Materials

Tier I, II and III

• Three levels of funding

• Each level has specific requirements and approval procedures.

Tier I

Start-up Costs of $1,000 or Less

OVR can fund up to $1,000 of start-up

Tier I Requirements

Develop an Abbreviated Business Plan:• The operation of the business

• A marketing plan

• An itemized list of goods and services that OVR is asked to purchase, along with the lowest purchase price.

• Obtain approval of the abbreviated business plan from the counselor.

Tier I Approval

Counselor Approves

Tier II

Start-up Costs over $1,000 up to $5000.00

• OVR can fund up to $5,000 of start-up

Tier II Requirements

• Requires a Feasibility Study

• Requires a Business Plan

• Both must be reviewed and deemed viable by an approved business consultant.

Tier II Required Training

– Exploring business ideas

– Starting your own business

– Business plan development

– Marketing

– Financing

Tier II Approval

Feasibility Study and Business Plan must be approved by:

1. Consultant

AND

2. Counselor

Tier III

Start up Costs $5000.00 to $10,000.00

OVR must not be the sole source of funds for the capitalization of a Tier III business

• OVR can support the first $5,000

• 50% of additional expenses up to $10,000

• 5% of the additional costs beyond $10,000

Tier III Requirements

• Requires a Feasibility Study

• Requires a Business Plan

• Both must be reviewed and deemed viable by an approved business consultant.

• Documentation showing the source of the consumer contribution must be provided.

Required Training

– Exploring business ideas

– Starting your own business

– Business plan development

– Marketing

– Financing

Tier III Approvals

• Business Consultant

• District Branch Manager

• Self-Employment Coordinator

Level III Example 1

Business has $10,000.00 in start up costs:

• OVR provides _____________• OVR provides _____________

TOTAL VR Support : ____________

TOTAL Consumer Contribution:______________

Level III Example 2

Business has $15,000.00 in start up costs:

• OVR provides ________________________• OVR provides ________________________• OVR provides ________________________

TOTAL VR Support : _________

TOTAL Consumer Contribution: __________

Level III Example 3

Business has $20,000.00 in start up costs:

• OVR provides _____________________• OVR provides _____________________• OVR provides _____________________

TOTAL VR Support : ________________

TOTAL Consumer Contribution: ________

Level III Example 4

Business has $40,000.00 in start up costs:

• OVR provides ____________________• OVR provides ____________________• OVR provides ____________________

TOTAL VR Support : __________

TOTAL Consumer Contribution: ________

Level III Example 5

Business has $50,000.00 in start up costs:

• OVR provides _____________________• OVR provides _____________________• OVR provides _____________________

TOTAL VR Support : ____________

TOTAL Consumer Contribution: _________

Exceptions

• Over $10,000 is considered an exception• Meet the agency exception guidelines

Exception Guidelines

• 1) The nature of the individual’s vocational rehabilitation needs makes it necessary that the service(s) be provided or continued outside of the established guidelines,

or • 2) The discontinuation or denial of the service(s) will result in

the loss of an immediate job placement or prohibit the individual from achieving the vocational goal,

or • 3) The provision of the service(s) outside of the guidelines

will result in a cost savings to Vocational Rehabilitation.

Required Approvals

• District Branch Manager

• Director of Program Services, or designee

Exception Example

Consumer business has $100,000.00 in start up:

• OVR provides _______________________• OVR provides _______________________• OVR provides _______________________

TOTAL VR Support : _____________

TOTAL Consumer Contribution: __________

Required Documentation

• Copy of the approved Feasibility Study and Business Plan;

• Counselor Review Form;

• Business Consultant critique of the Business Plan;

Required Documentation

• Description of needed purchases;

• Documentation of consumers contribution;

• Results of exploration of comparable benefits

Agency Guidelines

State purchasing laws and zoning regulations

• Under $1,000 = no bids• Over $1,000 and less than $3,000= 3 quotes• Over $3000= bids

Tips on Bids

• No quotes from Amazon or E-Bay.

• Specs must be on similar items

Agency Guidelines

• Explore Comparable Benefits

• Check VR Inventory List

• Follow Rehab Tech Guidelines

• Follow Financial Needs Test

Agency Guidelines

• Independent appraisal required of existing business or franchise

• In partnerships, consumer must have a formal agreement and own 51% of business

• In a partnership all partners contributions considered prior to OVR contribution determined.

Expenditure Codes

• 93C Technical Assistance

• 93D Initial Stock and Supplies

• 93E Initial Operating Expenses

Follow-Up

• First year of operation

• SBDC will meet quarterly to review books, bank statements, and tax returns

• Regular phone contact

- Cash flow

- Look for signs of stability

Business Consultants

• Irene Dervin- Phoenix Business Consulting

• Mary Cleary & Bob Tiell- Jewish Family & Career

Services

• Small Business Development Centers

Contact Me

Thanks for your attention!