(a)

1. (1) The individual may appeal the ineligibility determination.

2. (2) The counselor will provide the individual with information on the means by which an appeal can occur, including informal and formal due process procedures, such as:

   1. (A) Administrative review;
   2. (B) Mediation; and
   3. (C) Review by an impartial hearing officer.

3. (3)

   1. (A) The counselor will also provide the individual with information regarding services available from the Client Assistance Program and how to contact the Client Assistance Program.
   2. (B) See Due Process, 20 CAR § 835-1401 et seq.
4. (4) 34 C.F.R. § 361.43(c).

(b) Note.

1. (1) An annual review is required on a case that has been closed as incapable of achieving an employment outcome due to the severity of disability if requested by the individual or, if appropriate, by the individual’s representative.

2. (2) This review need not be conducted if the:

   1. (A) Individual refuses to participate;
   2. (B) Individual no longer resides in the state;
   3. (C) Individual’s whereabouts are unknown; or
   4. (D) Individual’s medical condition is rapidly progressive or terminal.
3. (3) 34 C.F.R. § 361.43(e).