When an applicant is determined ineligible for vocational rehabilitation
services or a customer receiving services under an individualized
plan of employment (IPE) is no longer eligible for services, VRD must:
(1) make the determination only after providing an
opportunity for full consultation with the individual or the individual's
representative, as appropriate;
(2) inform the individual in writing of the ineligibility
determination. The written determination, to be supplemented as necessary
by other appropriate modes of communication consistent with the individual's
informed choice, must include the reasons for that determination 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 VR counselor;
(3) 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;
(4) refer the individual to:
(A) other programs that are part of the one-stop service
delivery system under the Workforce Innovation and Opportunity Act
that can address the individual's training or employment-related needs;
or
(B) local extended employment providers if the ineligibility
determination is based on a finding that the individual is incapable
of achieving, or has chosen not to pursue, an employment outcome;
and
(5) review within 12 months and annually thereafter,
if requested by the individual or, if appropriate, by the individual's
representative, any ineligibility determination that is based on a
finding that the individual is incapable of achieving an employment
outcome. It is not necessary that the review be conducted in situations
in which the individual has refused it, the individual is no longer
present in the state, the individual's whereabouts are unknown, or
the individual's medical condition is rapidly progressive or terminal.
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| Source Note: The provisions of this §856.23 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective November 8, 2017, 42 TexReg 6195 |
