N.J. Admin. Code § 10:91-2.9

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:91-2.9 - Ineligibility for vocational rehabilitation services

(a) An individual may be determined ineligible for VR services for any of the following reasons:

1. An individual does not have a visual disability which renders him or her eligible for Commission services;

2. The visual impairment or legal blindness does not result in a substantial impediment to employment; or

3. There is clear and convincing evidence that such individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome in accordance with the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq.

(b) The individual shall be notified within two weeks in writing of an ineligibility decision, including the reasons for the decision, the effective date of the decision and the means for expressing any dissatisfaction and seeking remedy, including the procedures for an administrative review and fair hearing (see N.J.A.C. 10:95-19). The client shall receive a copy of the certification of ineligibility letter, including contact information for the Client Assistance Program.

(c) Appropriate explanations for any case closure shall be included in the case record.

N.J. Admin. Code § 10:91-2.9

Recodified from N.J.A.C. 10:91-2.8 and amended by R.2000 d.313, effective 8/7/2000.
See: 32 N.J.R. 1482(a), 32 N.J.R. 2902(a).
In (b), inserted "of an ineligibility decision, including the reasons for decision, the effective", following "writing", and changed N.J.A.C. reference. Former N.J.A.C. 10:91-2.9, Presumption of eligibility, recodified to N.J.A.C. 10:91-2.10.
Amended by R.2001 d.349, effective 10/1/2001.
See: 33 N.J.R. 2066(a), 33 N.J.R. 3449(a).
In (a)3, added "by the Rehabilitation Act of 1998 (P.L. 105-220)".
Amended by R.2005 d.379, effective 11/7/2005.
See: 37 N.J.R. 2343(a), 37 N.J.R. 4261(a).
In (a)3, replaced public law numbers with U.S.C. citation; in (b), added ", including contact information for the Client Assistance Program".