1. (a)

   1. (1) When it has been determined that an individual is ineligible for ILR services, the counselor is required to initiate a Certificate of Eligibility/Ineligibility to close the ECF.
   2. (2) Ineligibility certification will be made only after full participation with the individual or, as appropriate, parent, guardian, or representative after an opportunity for consultation.
   3. (3) This certificate will be dated and signed by the counselor and the individual, their parent/guardian, or their representative.
   4. (4) In such cases, the counselor will notify the individual in writing of the action taken.
   5. (5) When appropriate, referral will be made to other agencies and facilities.
   6. (6) The individual may appeal the ineligibility determination.

2. (b)

   1. (1) Arkansas Rehabilitation Services 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.
   2. (2) 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.

3. (c) The basic reasons for ineligible determinations are:

   1. (1) The diagnostic evaluation fails to establish a significant disability;
   2. (2) There is no functional limitation to independent living;

   3. (3) There is no potential for independent living because:

      1. (A) The prognosis is unfavorable;
      2. (B) Services were refused or unavailable; or
      3. (C) The individual:

4. (i) Is uncooperative;

   1. (ii) Is institutionalized;

      1. (iii) Dies; or

         1. (iv) Cannot be located; and
   2. (4) The counselor should be sure the individual understands the purpose of the program and the services that are available.

Codification Notes: “ECF” means electronic case file.