1. A. An Applicant for VR services shall participate in an Assessment and a determination of OOS Priority Category. The Assessment shall be conducted as required under 34 CFR 361.42.

2. B. VR shall consider an Applicant eligible for VR when VR Staff determine that all of the following are met:

   1. 1. Basic requirements.

      1. a. Qualified Personnel have diagnosed the Applicant with a Physical or Mental Impairment;
      2. b. An Applicant’s Physical or Mental Impairment constitutes or results in a Substantial Impediment to Employment; and
      3. c. An Applicant requires VR services to prepare for, secure, retain, or regain an Employment Outcome consistent with the Applicant’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and Informed Choice.
   2. 2. Presumption of ability to benefit. VR shall presume that an Applicant who meets the eligibility requirements in subsection (B)(1) would benefit from VR services in terms of achieving an Employment Outcome unless Clear and Convincing Evidence demonstrates that the Applicant is incapable of benefiting from VR services in terms of an Employment Outcome. The demonstration of Clear and Convincing Evidence shall include, if appropriate, a Trial Work Experience, with any necessary supports, including assistive technology, in real life settings.
3. C. VR shall consider an Applicant whose current eligibility for Social Security benefits under Title II or Title XVI of 42 U.S.C. 7 (Social Security Act) has been verified by VR Staff, to be presumed eligible for VR services under subsection (B) and considered at least a Priority 2 under R6-4-204(D)(2).

4. D. VR shall determine an Applicant’s eligibility within 60 calendar days from the date an Applicant submits a VR Application Form to VR, under R6-4-202(C), unless:

   1. 1. Under 34 CFR 361.42, exceptional and unforeseen circumstances beyond VR’s control preclude making an eligibility determination within 60 calendar days and a specific extension of time has been agreed upon by appropriate VR Staff and the Applicant; or
   2. 2. An Applicant’s ability to benefit from VR services in terms of achieving an Employment Outcome cannot be presumed due to the significance of disability and an exploration of the individual’s abilities, capabilities, and capacity to perform in work situations is carried out under 34 CFR 361.42(e) precludes making an eligibility determination within 60 calendar days.

5. E. If VR determines that an Applicant or VR Client does not meet, or no longer meets eligibility requirements in subsection (B)(1) and (2), VR shall:

   1. 1. Offer the individual opportunity for consultation;
   2. 2. Inform the individual, in writing, of the determination and reasons for the determination;
   3. 3. Provide the individual with a notice of case closure, Appeal rights, and Client Assistance Program information;
   4. 4. Refer the individual to federal, state, or local programs, service providers, and programs available through the one-stop service delivery system; and
   5. 5. Review within 12 months, and annually thereafter, if requested by the individual, any ineligibility determination that is based on findings that the individual is incapable of achieving an Employment Outcome.
6. F. VR Staff shall not discriminate against any Applicant or VR Client, as required under state and federal laws.

Historical Note

Adopted effective June 14, 1977 (Supp. 77-3). Section repealed; new Section R6-4-203 made by final rulemaking at 31 A.A.R. 3921 (October 3, 2025), effective November 2, 2025 (Supp. 25-3).