N.D. Admin. Code 75-08-01-34

Current through Supplement No. 394, October, 2024

Section 75-08-01-34 - Closure for an individual determined to be rehabilitated

1. An individual is determined to be rehabilitated if the individual has maintained suitable employment for at least ninety calendar days. The individual's record of service must contain documentation that the division has:

a. Determined that the individual is eligible;

b. Provided an assessment for eligibility and determination of vocational rehabilitation needs;

c. Provided counseling and guidance;

d. Provided appropriate and substantial vocational rehabilitation services in accordance with the individualized plan for employment;

e. Determined that the individual has maintained suitable employment for at least ninety calendar days and that the individual and counselor view the employment and the individual's performance in that employment as satisfactory;

f. Determined that the employment is in an integrated setting;

g. Provided an opportunity for the individual's involvement in the closure decision;

h. Reassessed the need for and informed the individual of the purpose and availability of postemployment services, when necessary; and

i. Provided 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.

2. An individual in supported employment is determined rehabilitated when:

a. The individual has substantially met the goals and objectives of the individual's individualized plan for employment;

b. Extended services are immediately available to preclude any interruption in the provision of the ongoing support needed to maintain employment;

c. The individual has maintained employment for at least ninety days after the transition to extended services; and

d. The employment is in an integrated setting.

N.D. Admin Code 75-08-01-34

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