Section 17-401.1-8 - Determination of ineligibility(a) When the division determines that an applicant is ineligible for VR services or determines that an individual receiving VR services under an individualized plan for employment is no longer eligible for services, the division must: (1) Make the determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative;(2) 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 the reasons for that determination, the requirements under this section, and the means by which the individual may express and seek remedy for any dissatisfaction, including the procedures for review of division personnel determinations in accordance with section 17-400.1-5;(3) Provide the individual with a description of services available from the Client Assistance Program of the Hawaii Disability Rights Center and information on how to contact that program;(4) Refer the individual: (A) To 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(B) To 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 17-401.1-2.(5) Review within 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. The review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.(b) The division may not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the division has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation.(c) If an applicant or eligible individual receiving services under an IPE has been determined to be ineligible, the division shall include documentation supporting that determination in the division's record of services for the individual in accordance with the requirements of this section. If closure of the division's record of services for the individual is based on reasons other than ineligibility, the division shall include documentation that describes the reason for closure, in the division's record of services for the individual, including, as appropriate, documentation that the division has satisfied the requirements of paragraph (b).Haw. Code R. § 17-401.1-8
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 722; 34 C.F.R. §§361.43, 361.44, 361.47 ) (Imp: HRS §§ 347-4, 348.3, 348-6; 29 U.S.C. §§709, 722; 34 C.F.R. §§361.43, 361.44, 361.47 )