Section 75-08-01-02 - General requirements of the vocational rehabilitation program1. The vocational rehabilitation program assists an eligible individual with physical or mental disabilities to prepare for and achieve an employment outcome. The vocational rehabilitation process is based upon an individualized plan for employment oriented to the achievement of a suitable vocational goal. An individual with disabilities must require the service provided to minimize and accommodate the impediment to employment. Services must be reasonable and provided as cost effectively as possible.2. The division presumes that an individual will benefit in terms of an employment outcome from vocational rehabilitation services, unless the counselor can document, on the basis of clear and convincing evidence and only after trial work experiences, that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.3. Auxiliary aids and services will be provided at no cost to applicants or clients when they are necessary to access the vocational rehabilitation program. The purpose of auxiliary aids and services is to provide effective communications for participants in determining eligibility, assessments, and plan development.4. Unless otherwise specified in this chapter, eligibility to participate in the vocational rehabilitation program is governed by federal vocational rehabilitation statutes and the federal procedures embodied in the rehabilitation services administration notices and policy memos. The program must conform to lawfully issued regulations and policies of the rehabilitation services administration and the division. Terms used in this chapter have the same meaning as the terms used in the regulations and policies of the rehabilitation services administration and the division, unless this chapter specifically provides otherwise.5. The division must provide services without regard to sex, race, creed, age, color, national origin, political affiliation, or type of disability.6. There is no residency requirement, durational or other, that may exclude an otherwise eligible individual present in the state from eligibility. For individuals who are not United States citizens, the division must verify that the individual has the necessary documentation to allow them to work.N.D. Admin Code 75-08-01-02
Effective October 1, 1995; amended effective November 1, 2002.Amended by Administrative Rules Supplement 371, January 2019, effective 1/1/2019.General Authority: NDCC 50-06-16, 50-06.1
Law Implemented:29 USC 720, et seq.