N.D. Admin. Code 75-08-01-20

Current through Supplement No. 394, October, 2024

Section 75-08-01-20 - Trial work experiences and extended evaluation

1. Before an individual can be determined ineligible due to the severity of a disability, the individual must receive trial work experiences and there must be a written trial workplan. The trial work must:

a. Be sufficiently varied and over a sufficient period of time to determine eligibility or ineligibility;

b. Show by clear and convincing evidence that the individual cannot benefit due to the severity of the disability; and

c. Include support services such as assistive technology or personal assistance, which must be provided by the division.

2. Trial work experiences shall explore the individual's abilities, capabilities, and capacity to perform in work situations, including experiences in which appropriate supports and training are provided.

3. The division must provide assessments periodically during the trial work experiences regarding the individual's abilities, capabilities, and capacity to perform the work.

N.D. Admin Code 75-08-01-20

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