Section 17-401.1-4 - Referral and application(a) A referral is defined as any individual who has been referred to the division for VR services by letter, telephone, direct contact, through the One-Stop service delivery systems established under section 121 of the Workforce Investment Act of 1998, or any other means. (1) The referral shall include the following minimum information: (A) Name and address (if P.O. Box, include residence address);(E) Date of referral; and(F) Primary language if limited- or non-English speaking.(2) Individuals referred for services shall be contacted within two weeks to schedule an orientation meeting or intake interview to initiate an assessment to determine eligibility and priority for services in accordance with section 17-401.1-7.(b) An applicant is any individual, or representative chosen by an individual, who submits an application for VR services. (1) An individual is considered to have submitted an application for VR services when the individual or the individual's representative: (A) Has completed and signed an agency application form; or (i) Has completed a common intake application form in a One-Stop center requesting VR services; or(ii) Has otherwise requested services from the division;(B) Has provided to the division information necessary to initiate an assessment to determine eligibility and priority for services; and(C) Is available to complete the assessment process.(2) Once an individual has submitted an application for VR services, including applications made through common intake procedures in One-Stop service delivery systems established under section 121 of the Workforce Investment Act of 1998: (A) An eligibility determination must be made within 60 days, unless: (i) Exceptional and unforeseen circumstances beyond the control of the division preclude making an eligibility determination within 60 days and the division and the individual agree to a specific extension of time; or(ii) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with section 17-401.1-7(e) or, if appropriate, an extended evaluation is carried out in accordance with section 17-401.1-7(f).(3) Copies of the division's referral and application forms shall be widely available throughout the State, particularly in the One-Stop centers established under the Workforce Investment Act of 1998.(4) Applicants shall be provided pertinent information about the VR program in the native language or appropriate mode of communication of the individual, whenever practicable. Appropriate modes of communication include, but are not limited to: (A) The use of interpreters;(B) Open and closed captioned videos;(C) Specialized telecommunications services and audio recordings;(D) Braille, and large print materials;(E) Materials in electronic formats;(F) Augmentative communication devices;(G) Graphic presentations; and(H) Simple language materials.(5) A review of topics listed below shall be provided to assure the individual's informed consent, participation, and exercise of rights and remedies. (A) Description of the VR program including eligibility criteria, order of selection for services, and the provision of services to individuals who must intend to achieve an employment outcome.(B) Confidentiality of information.(C) Nondiscrimination provisions.(D) Mediation and hearing.(E) Services available through the Client Assistance Program (CAP).(F) Non-VR services that may be available in the community for which the individual may have need and to which the individual may be referred.Haw. Code R. § 17-401.1-4
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§721, 722; 34 C.F.R. §361.41 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§721, 722; 34 C.F.R. §361.41 )