Current through November, 2024
Section 17-401.1-9 - Certification of eligibility or ineligibility(a) The division shall certify on the appropriate forms developed by the division, that the basic conditions for determining eligibility or ineligibility for VR services have been met. (1) After or simultaneously with acceptance of an applicant for VR services, the division shall certify that the individual meets the basic eligibility requirements for VR services in accordance with section 17-401.1-7.(2) After or simultaneously with acceptance of an eligible individual, who is determined to be an individual with a most significant disability, for supported employment services, the division shall certify as an addendum to the individual's certification of eligibility for VR services, that the individual meets the eligibility requirements for supported employment services in accordance with sections 17-401.1-7 and 17-401.1-31.(3) When an applicant for VR services fails to meet the basic eligibility requirements for VR services, or when an eligible individual receiving services under an individualized plan for employment is determined no longer capable of achieving an employment outcome due to the severity of the disability, based on clear and convincing evidence, including a demonstration of incapability following a period of trial work experience or extended evaluation, in accordance with section 17-401.1-8, the division shall certify the individual's ineligibility for VR services.(b) The division's record of services for the individual shall contain documentation supporting the determination that an applicant or eligible individual has been determined eligible or ineligible for VR services, including the certification of eligibility or ineligibility in support of such determination.(c) All decisions affecting eligibility or ineligibility for VR services shall be made by authorized persons of the division and not delegated to any other agency or individual.Haw. Code R. § 17-401.1-9
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§705, 722; 34 C.F.R. §§361.42, 361.43, 361.47 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§705, 722; 34 C.F.R. §§361.42, 361.43, 361.47 )