1. (a)

   1. (1) An individual’s record of services is closed from application or trial work experience/extended evaluation when the VR eligibility conditions are not met or intervening reasons prevent eligibility determination.
   2. (2) The ineligibility determination must be made based on clear and convincing evidence that the individual cannot benefit from services in terms of an employment outcome due to severity of disability.
   3. (3) The counselor must include a formal certification statement indicating ineligibility for VR services in the individual’s record of services.

2. (b)

   1. (1) A Certificate of Eligibility/Ineligibility will be dated and signed by the counselor.
   2. (2) Ineligibility determination will be made only after full participation and an opportunity for consultation with the individual or, if appropriate, the individual’s representative.
   3. (3) In such cases, the counselor will notify the applicant in writing of the action taken, or by other appropriate modes of communication consistent with the informed choice of the individual, including the reasons for the ineligibility determination.
   4. (4) When appropriate, referral will be made to other agencies and programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act of 2014, Pub. L. No. 113-128.

3. (c)

   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) 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.
   4. (4) 34 C.F.R. § 361.41.

4. (d) Procedures — Closed not rehabilitated during/after evaluation.

   1. (1) Cancel or pay any outstanding encumbrance.

   2. (2)

      1. (A) Complete Certificate of Eligibility/Ineligibility if closed Status 08 from Status 02.
      2. (B) See Forms, Appendix E.
   3. (3) When appropriate, referral will be made to other agencies and programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act of 2014.
   4. (4) The case management system will generate the status move after required data is keyed for Status 08, closure.

   5. (5) Note.

      1. (A) 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.
      2. (B) This review need not be conducted in situations in which the:

5. (i) Individual has refused it;

   1. (ii) Individual no longer resides in the state;

      1. (iii) Individual’s whereabouts are unknown; or

         1. (iv) Individual’s medical condition is rapidly progressive or terminal.
      2. (C) 34 C.F.R. § 361.43(e).

Codification Notes: “VR” means vocational rehabilitation.