112.1 The Rehabilitation Services Administration shall maintain for each applicant and recipient of services, a record of services that includes, to the extent pertinent, the following documentation:

1. (a) If an applicant has been determined to be an eligible person, documentation supporting that determination in accordance with the requirements under section 103;
2. (b) If an applicant or eligible person receiving services under an Individualized Plan for Employment (IPE) has been determined to be ineligible, documentation supporting that determination in accordance with the requirements under section 104;
3. (c) Documentation that describes the justification for closing an applicant's or eligible person's record of services if that closure is based on reasons other than ineligibility, including, as appropriate, documentation indicating that the Rehabilitation Services Administration has satisfied the requirements in section 109;
4. (d) If a person has been determined to be an individual with a significant disability or an individual with a most significant disability, documentation supporting that determination and documentation supporting the order of selection category to which the person has been assigned, if applicable;
5. (e) If a person with a significant disability requires an exploration of abilities, capabilities, and capacity to perform in realistic work situations through the use of trial work experiences to determine whether the person is an eligible person, documentation supporting the need for, and the plan relating to, that exploration and documentation regarding the periodic assessments carried out during the trial work experiences, in accordance with the requirements under subsection 103.13;
6. (f) The IPE, and any amendments to the IPE, consistent with the requirements under section 111;
7. (g) Documentation describing the extent to which the applicant or recipient of services exercised informed choice regarding the provision of assessment services and the extent to which the eligible person exercised informed choice in the development of the IPE with respect to the selection of the specific employment outcome, the specific vocational rehabilitation services needed to achieve the employment outcome, the entity to provide

the services, the employment setting, the settings in which the services will be provided, and the methods to procure the services;

(h) In the event that a person's IPE provides for vocational rehabilitation services in a non-integrated setting, a justification to support the need for the non-integrated setting;

(i) In the event that a person obtains competitive integrated employment as defined in section 199, verification that the person is compensated at or above the minimum wage and that the person's wage and level of benefits are not less than that customarily paid by the employer for the same or similar work performed by non-disabled individuals;

(j) In the event a person obtains employment in which the person is compensated in accordance with Section 14(c) of the Fair Labor Standards Act (29 U.S.C. § 214(c)) or the Rehabilitation Services Administration closes the record of services of a person in extended employment on the basis that the person is unable to achieve an employment outcome or that an eligible person through informed choice chooses to remain in extended employment, documentation of the results of the annual reviews required under section 115, of the person's input into those reviews, and of the person's or, if appropriate, the person's representative's acknowledgment that those reviews were conducted;

(k) Documentation concerning any action or decision resulting from a request by a person under sections 135 through 139, 145, and 149 for a review of determinations made by the Rehabilitation Services Administration personnel;

(l) In the event that an applicant or recipient of services requests under subsection 118.11 that documentation in the record of services be amended and the documentation is not amended, documentation of the request, including the reason for denying the request;

(m) In the event a person is referred to another program through the Rehabilitation Services Administration's information and referral system, including other components of the statewide workforce investment system (D.C. Official Code §§ 32-1601 et seq.), documentation on the nature and scope of services provided by the Rehabilitation Services Administration to the person and on the referral itself;

(n) In the event an person's record of service is closed under section 116, documentation that demonstrates the services provided under the person's IPE contributed to the achievement of the employment outcome; and

(o) In the event a person's record of service is closed under section 116, documentation verifying that the provisions of section 116 have been satisfied.

112.2 The Rehabilitation Services Administration, in consultation with the State Rehabilitation Council, shall determine the type of documentation that the Rehabilitation Services Administration shall maintain for each applicant and eligible person in order to meet the requirements in subsection 112.1 of this section.

112.3 The Rehabilitation Services Administration shall establish a record of services for each person upon receipt of a signed application, and maintain these records accurately and securely until the case has remained closed for a period of at least three (3) years in accordance with federal regulations (34 C.F.R. § 361.47). Cases determined ineligible and subject to review shall be maintained for three (3) years following the last annual review.

SOURCE: Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 68 DCR 012929 (December 10, 2021).