| (a) The following statutes and regulations authorize
the procedures established by this chapter:
(1) The Rehabilitation Act of 1973, as amended, 29
U.S.C. §701 et seq. and regulations of the Department of Education,
Rehabilitation Services Administration, 34 C.F.R. §361.57 et
seq., as amended;
(2) Texas Human Resources Code, Chapter 91 (concerning
vocational rehabilitation services for the people who are blind and
visually impaired);
(3) Texas Human Resources Code, Chapter 111 (concerning
vocational rehabilitation services for people with disabilities);
and
(4) Texas Administrative Procedure Act, Texas Government
Code, Chapter 2001, as amended.
(b) The procedures in this division apply to those
determinations made by DARS' personnel that affect the provision of
vocational rehabilitation services, independent living services, or
comprehensive rehabilitation services by DARS.
(1) Unless the determination concerns the denial, reduction,
suspension or termination of vocational rehabilitation services, independent
living or comprehensive rehabilitation services by the Department,
it is not subject to review under the procedures of this subchapter.
(2) The following decisions or determinations are not
subject to review under this subchapter:
(A) administrative decisions that are made by DARS'
supervisors or managers without reference to any specific applicant
or consumer and that apply generally to the provision of vocational
rehabilitation services to applicants or consumers, including to those
concerning the assignment of personnel;
(B) decisions, diagnoses, or judgments made by, or
actions or omissions of third-party vendors or service providers;
(C) decisions concerning the content of an applicant's
or consumer's record of service for which remedies are provided under
34 C.F.R. §361.38(c)(4) and §361.47(a)(12); and
(D) decisions allegedly violating any state or federal
antidiscrimination or civil rights statute (as amended), including
the provisions of Texas Labor Code, Chapter 21; Rehabilitation Act
of 1973; Section 504, the Americans with Disabilities Act; or Age
Discrimination in Employment Act.
(c) Ineligibility. The following may challenge a determination
of ineligibility through the procedures of this division:
(1) applicants who are found not to be eligible for
vocational rehabilitation services; and
(2) previously eligible individuals who have been determined
no longer eligible for vocational rehabilitation services under 34
C.F.R. §361.43.
(d) A person's decision to seek an informal resolution
to matters about which the person is dissatisfied shall not prevent,
compromise, or delay the person's access to formal resolution procedures
in this division.
(e) DARS shall not suspend, reduce, or terminate vocational
rehabilitation services being provided to an applicant or consumer,
including evaluation and assessment services and the development of
an Individualized Plan for Employment, pending a resolution of the
applicant's or consumer's appeal by mediation or hearing unless:
(1) the applicant or consumer requests a suspension,
reduction, or termination of services; or
(2) DARS has evidence that the applicant or consumer
obtained the services through misrepresentation, fraud, collusion,
or criminal conduct.
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