D.C. Mun. Regs. tit. 29, r. 29-115

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 29-115 - SEMI-ANNUAL AND ANNUAL REVIEW OF PERSONS IN EXTENDED EMPLOYMENT AND OTHER EMPLOYMENT UNDER SPECIAL CERTIFICATE PROVISIONS OF THE FAIR LABOR STANDARDS ACT

115.1

The Rehabilitation Services Administration shall ensure the following are conducted:

(a) A semi-annual review and reevaluation for the first two (2) years of such employment and annually thereafter, in accordance with the requirements in paragraph (b) of this subsection for a person with a disability served under this chapter:

(1) Who has a record of services, as described in section 112, as either an applicant or eligible person under the vocational rehabilitation program; and

(2) Who has achieved employment in which the person is compensated in accordance with Section 14(c) of the Fair Labor Standards Act; or whose record of services is closed while the person is in extended employment on the basis that the person is unable to achieve an employment outcome or that the person made an informed choice to remain in extended employment.

(b) For each person with a disability who meets the criteria in paragraph (a) of this subsection, the Rehabilitation Services Administration shall:

(1) Review semi-annually and reevaluate the status of each person for two (2) years after the person's record of services is closed (and annually thereafter) to determine the interests, priorities, and needs of the person with respect to competitive integrated employment or training for competitive integrated employment;

(2) Enable the person or, if appropriate, the person's representative, to provide input into the review and reevaluation and shall document that input in the record of services, consistent with subsection 112.1(j), with the person's or, as appropriate, the person's representative's signed acknowledgment that the review and reevaluation have been conducted; and

(3) Make maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services, to assist the person in engaging in competitive integrated employment.

D.C. Mun. Regs. tit. 29, r. 29-115

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)