Okla. Admin. Code § 612:10-7-24.4

Current through Vol. 42, No. 6, December 2, 2024

Section 612:10-7-24.4 - Ineligibility procedures

(a) If the VR Counselor determines that an applicant is not eligible for VR services, or that an eligible individual receiving services under an IPE is no longer eligible for VR services:

(1) the individual, or individual's authorized representative, will be given an opportunity for full consultation before the ineligibility determination is made; and

(2) the individual, or individual's authorized representative, will be informed in writing, and in appropriate accessible format if needed, of the ineligibility determination, including:

(A) the reasons for the determination;

(B) a description of how to ask for mediation, or an impartial review of the determination; and

(C) a description of the services available from the Client Assistance Program and information on how to contact that program.

(D) refer the individual:

(i) To other programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act that can address the individual's training or employment-related needs; or

(ii) To Federal, State, or local programs or service providers, including, as appropriate, independent living programs and extended employment providers, best suited to meet their rehabilitation needs, if the ineligibility determination is based on a finding that the individual has chosen not to pursue, or is incapable of achieving, an employment outcome as defined in 34 CFR 361.5(c)(15).

(b) Any ineligibility determination that is based upon a finding that the individual is incapable of benefiting in terms of an employment outcome will be reviewed within 12 months of the determination and annually thereafter if requested by the individual or the individual's authorized representative. This review need not be conducted in situations in which the individual has refused 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.

Okla. Admin. Code § 612:10-7-24.4

Added at 28 Ok Reg 1832, eff 7-1-11

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 8/26/2021