Section 29-112. RECORD OF SERVICES

 

112.1The Rehabilitation Services Administration shall maintain for each applicant and eligible individual a record of services that includes, to the extent pertinent, the following documentation:

 

(a)If an applicant has been determined to be an eligible individual, documentation supporting that determination in accordance with the requirements under section 103;

 

(b)If an applicant or eligible individual receiving services under an IPE has been determined to be ineligible, documentation supporting that determination in accordance with the requirements under section 104;

 

(c)Documentation that describes the justification for closing an applicant's or eligible individual's record of services if that closure is based on reasons other than ineligibility, including, as appropriate, documentation indicating that the Rehabilitation Services Administration has satisfied the requirements in section 109;

 

(d)If an individual has been determined to be an individual with a significant disability or an individual with a most significant disability, documentation supporting that determination;

 

(e)If an individual with a significant disability requires an exploration of abilities, capabilities, and capacity to perform in realistic work situations through the use of trial work experiences or, as appropriate, an extended evaluation to determine whether the individual is an eligible individual, documentation supporting the need for, and the plan relating to, that exploration or, as appropriate, extended evaluation and documentation regarding the periodic assessments carried out during the trial work experiences or, as appropriate, the extended evaluation, in accordance with the requirements under subsections 103.13 and 103.14;

 

(f)The IPE, and any amendments to the IPE, consistent with the requirements under section 111;

 

(g)Documentation describing the extent to which the applicant or eligible individual exercised informed choice regarding the provision of assessment services and the extent to which the eligible individual exercised informed choice in the development of the IPE with respect to the selection of the specific employment outcome, the specific vocational rehabilitation services needed to achieve the employment outcome, the entity to provide the services, the employment setting, the settings in which the services will be provided, and the methods to procure the services;

 

(h)In the event that an individual's IPE provides for vocational rehabilitation services in a non-integrated setting, a justification to support the need for the non-integrated setting;

 

(i)In the event that an individual obtains competitive employment, verification that the individual is compensated at or above the minimum wage and that the individual's wage and level of benefits are not less than that customarily paid by the employer for the same or similar work performed by non-disabled individuals;

 

(j)In the event an individual achieves an employment outcome in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act (29 U.S.C. § 214(c)) or the Rehabilitation Services Administration closes the record of services of an individual in extended employment on the basis that the individual is unable to achieve an employment outcome or that an eligible individual through informed choice chooses to remain in extended employment, documentation of the results of the annual reviews required under section 115, of the individual's input into those reviews, and of the individual's or, if appropriate, the individual's representative's acknowledgment that those reviews were conducted;

 

(k)Documentation concerning any action or decision resulting from a request by an individual under sections 135 through 169 for a review of determinations made by the Rehabilitation Services Administration personnel;

 

(l)In the event that an applicant or eligible individual requests under subsection 118.11 that documentation in the record of services be amended and the documentation is not amended, documentation of the request;

 

(m)In the event an individual is referred to another program through the Rehabilitation Services Administration's information and referral system, including other components of the statewide workforce investment system, documentation on the nature and scope of services provided by the Rehabilitation Services Administration to the individual and on the referral itself;

 

(n)In the event an individual's record of service is closed under section 116, documentation that demonstrates the services provided under the individual's IPE contributed to the achievement of the employment outcome; and

 

(o)In the event an individual's record of service is closed under section 116, documentation verifying that the provisions of section 116 have been satisfied.

 

112.2The Rehabilitation Services Administration, in consultation with the State Rehabilitation Council, shall determine the type of documentation that the Rehabilitation Services Administration shall maintain for each applicant and eligible individual in order to meet the requirements in subsection 112.1 of this section.

 

source

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