Section 29-104. PROCEDURES FOR INELIGIBILITY DETERMINATION

 

104.1If the Rehabilitation Services Administration determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving services under an individualized plan for employment that is developed pursuant to sections 110 and 111 of this chapter is no longer eligible for services, the Rehabilitation Services Administration shall:

 

(a)Make the ineligibility determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative;

 

(b)Inform the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, including:

 

(1)The reasons for that determination,

 

(2)The requirements under this section, and

 

(3)The means by which the individual may express and seek remedy for any dissatisfaction, including the procedures for review of determinations in accordance with sections 135 through 169;

 

(c)Provide the individual with a description of services available from a Client Assistance Program established under 34 C.F.R. Part 370 and information on how to contact that program;

 

(d)Refer the individual to:

 

(1)Other programs that are part of the One-Stop service delivery system under the Workforce Investment Act that can address the individual's training or employment-related needs; or

 

(2)Local extended employment providers if the ineligibility determination is based on a finding that the individual is incapable of achieving an employment outcome as defined in section 199; and

 

(e)Review within twelve (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. This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the District of Columbia, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

 

source

Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003).