- (a) Review within twelve (12) months and annually thereafter if requested by the individual or, if appropriate, by the individual’s representative any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome.
(b) This review need not be conducted in situations in which the:
- (1) Individual has refused it;
- (2) Individual is no longer present in the state;
- (3) Individual’s whereabouts are unknown; or
- (4) Individual’s medical condition is rapidly progressive or terminal.