N.D. Admin. Code 75-08-01-32

Current through Supplement No. 394, October, 2024

Section 75-08-01-32 - Closure due to ineligibility

1. The division shall close the individual's case as ineligible if the individual has no disability, no substantial impediment to employment, or does not require services to achieve an employment outcome. Closure for ineligibility under these circumstances requires:

a. The opportunity for the individual or the individual's representative to participate in the closure decision;

b. Written notification of the closure decision and reasons for the decision;

c. Written notification of mediation, appeal rights, and informal review, including the name and address of the division's chief of field services with whom an appeal may be filed, and written notification of the availability of and how to contact the client assistance program;

d. An individualized plan for employment amendment if appropriate;

e. Documentation of ineligibility in the record of service that identifies the reasons for closure, dated and signed by a qualified rehabilitation professional employed by the division; and

f. Referral to other agencies and community rehabilitation programs as appropriate.

2. The division shall close the individual's case, if there is clear and convincing evidence, after trial work experiences or after a period of service provision under an individualized plan of employment that the individual with disabilities is incapable of benefiting from vocational rehabilitation services in terms of achieving an employment outcome due to the severity of the individual's disabilities. The division shall provide the following when it closes a case due to ineligibility under these circumstances:

a. The opportunity for the individual or the individual's representative to participate in the closure decision;

b. Written notification of the closure decision and reasons for the decision;

c. Written notification of informal review, mediation, and appeal rights, including the address of the division's chief of field services with whom an appeal may be filed, and written notification of the availability of, and how to contact, the client assistance program;

d. An individualized plan for employment amendment if appropriate;

e. Review of the ineligibility determination within twelve months. A review is not required in situations in which the individual refuses it, the individual is no longer present in the state, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal;

f. Documentation of ineligibility in the record of service that identifies the reasons for closure, dated and signed by a qualified rehabilitation professional employed by the division; and

g. Referral to other agencies and community rehabilitation programs as appropriate.

N.D. Admin Code 75-08-01-32

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 50-06.1-02, 50-06.1-06