Section 75-08-01-18 - Eligibility criteria and documentation1. The division must base eligibility determinations on existing data as the primary source of information to the maximum extent possible and appropriate. The individual requesting services, the family of the individual, or other sources may provide the information. An individual is eligible for vocational rehabilitation if: a. The individual has a mental or physical impairment;b. The impairment constitutes or results in a substantial impediment to employment as determined by a qualified rehabilitation professional;c. The individual can benefit from vocational rehabilitation services in terms of an employment outcome. An individual is presumed to be able to benefit from vocational rehabilitation services in terms of an employment outcome unless the division can demonstrate by clear and convincing evidence that the individual cannot benefit due to the severity of the disability. This demonstration that the individual cannot benefit can be determined only after conducting trial work experiences as described in section 75-08-01-20; andd. The individual requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment.2. In all cases in which the division determines an individual eligible for services, the record of service must include documentation of eligibility, dated and signed by a qualified rehabilitation professional, which demonstrates that the individual: a. Has a physical or mental impairment that constitutes or results in a substantial impediment to employment; andb. Requires vocational rehabilitation services to prepare for, enter, retain, advance in, or regain employment.N.D. Admin Code 75-08-01-18
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: NDCC 50-06.1-04