(a) If an individual who applies for services is determined
not to be eligible for the services or if an eligible individual receiving
services under an individualized plan for employment is determined
to be no longer eligible for the services then:
(1) DBS must make a determination of ineligibility
only after providing an opportunity for full consultation with the
individual, or as appropriate, with the individual's representative.
(2) DBS must inform the individual in writing of the
ineligibility determination. The written determination must be supplemented
by special modes of communication consistent with the informed choice
of the individual, if necessary, and must include the reasons for
the determination, the requirements under this chapter, and the means
by which the individual may express and seek remedy for any dissatisfaction,
including the procedures for review of a determination by the counselor.
(3) DBS shall provide the individual with a description
of services available from the client assistance program established
under 34 CFR Part 370 and information on how to contact that program.
(b) DBS reviews any ineligibility determination based
on a finding that the individual is incapable of achieving an employment
outcome. The review must occur within 12 months, and annually thereafter
if requested by the individual or the individual's representative,
unless the individual has refused the review, the individual is no
longer present in Texas, the individual's whereabouts are unknown,
or the individual's medical condition is rapidly progressive or terminal.
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