Section 75-08-01-23 - Order of selection1. The division must provide to an individual applying for services, including an individual receiving trial work experiences, all services necessary to determine eligibility for vocational rehabilitation services and an order of selection priority classification. The division must provide these services on a timely basis in accordance with federal law.2. When the division notifies an individual of eligibility, the division must also notify the individual of the individual's priority category and right to request mediation, appeal the assigned category, and to utilize the client assistance program.3. If the division cannot provide services to all eligible individuals who apply due to a lack of resources, an order of selection procedure must be implemented.a. An individual receiving services under an individualized plan for employment must continue to receive all required services. An individual requiring or receiving postemployment services must be considered to be under an individualized plan for employment. An individual described in paragraphs 1 through 4 must be assigned a priority in the order in which the paragraphs are listed. (1) Category 1a: An individual with a most significant disability that seriously limits four or more functional capacities.(2) Category 1b: An individual with a most significant disability that seriously limits two or three functional capacities.(3) Category 2: An individual with a significant disability that seriously limits one or more functional capacities.(4) Category 3: Other individuals with disabilities.b. An eligible individual who is not in a priority category that is being served will have access to services provided through information and referral.N.D. Admin Code 75-08-01-23
Effective October 1, 1995; amended effective March 1, 1997; 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