D.C. Mun. Regs. tit. 29, r. 29-104

Current through Register 71, No. 45, November 7, 2024

Rule 29-104 - PROCEDURES FOR INELIGIBILITY DETERMINATION

104.1

If the Rehabilitation Services Administration determines that an applicant is ineligible for vocational rehabilitation services or determines that a person 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 person or, as appropriate, with the person's representative;

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

(1) The reasons for that determination,

(2) The requirements under this section, and

(3) The means by which the person may express and seek remedy for any dissatisfaction, including the procedures for review of determinations in accordance with sections 135 through 139, 145, and 149;

(c) Provide the person 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 person to:

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

(2) Federal, State, or local programs or service providers, including, as appropriate, independent living programs and extended employment providers, best suited to meet their rehabilitation needs, if the ineligibility determination is based on a finding that the person has chosen not to pursue, or is incapable of achieving an employment outcome as defined in section 199; and

(e) Review any ineligibility determination that is based on a finding that the person is incapable of achieving an employment outcome within twelve (12) months and, if requested by the person or, if appropriate, by the person's representative, annually thereafter. This review need not be conducted in situations in which the person has refused it, the person is no longer present in the District of Columbia, the person's whereabouts are unknown, or the person's medical condition is rapidly progressive or terminal.

D.C. Mun. Regs. tit. 29, r. 29-104

Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003); Final Rulemaking published at 68 DCR 12929 (12/10/2021)