1. (a) The following statutes and regulations authorize the procedures established by this chapter:

   1. (1) The Rehabilitation Act of 1973, as amended, 29 USC §701 et seq. and regulations of the U.S. Department of Education, Rehabilitation Services Administration, 34 CFR Part 361, as amended, relating to State Vocational Rehabilitation Services;
   2. (2) 34 CFR Part 395, as amended, relating to Vending Facility Program for the Blind on Federal and Other Property; and
   3. (3) 34 CFR Part 367, as amended, relating to Independent Living Services for Older Individuals Who Are Blind (ILS-OIB).

2. (b) The procedures in this subchapter apply to those determinations made by Agency personnel that affect the provision of vocational rehabilitation (VR) services, independent living services for older individuals who are blind, and the Business Enterprises of Texas program.

   1. (1) Unless the determination concerns the denial, reduction, suspension, or termination of VR services, independent living services for older individuals who are blind, or comprehensive rehabilitation services by the Agency, it is not subject to review under the procedures of this subchapter.

   2. (2) The following decisions or determinations are not subject to review under this subchapter:

      1. (A) administrative decisions that are made by Agency supervisors or managers without reference to any specific applicant or customer and that apply generally to the provision of VR services to applicants or customers, including to decisions concerning the assignment of personnel;
      2. (B) decisions, diagnoses, judgments, actions, or omissions of third-party vendors or service providers;
      3. (C) decisions concerning the content of an applicant's or customer's record of service for which remedies are provided under 34 CFR §361.38(c)(4) and §361.47(a)(12); and
      4. (D) decisions allegedly violating any state or federal antidiscrimination or civil rights statute (as amended), including the provisions of Texas Labor Code, Chapter 21; the Rehabilitation Act of 1973, as amended; Section 504, the Americans with Disabilities Act; or the Age Discrimination in Employment Act.

3. (c) Ineligibility. The following may challenge a determination of ineligibility through the procedures of this division:

   1. (1) applicants who are found not to be eligible for VR services; and
   2. (2) previously eligible individuals who have been determined no longer eligible for VR services under 34 CFR §361.43.
4. (d) An individual's decision to seek an informal resolution of matters about which the individual is dissatisfied shall not prevent, compromise, or delay the individual's access to formal resolution procedures in this division.

5. (e) The Agency shall not suspend, reduce, or terminate VR services being provided to an applicant or customer, including evaluation and assessment services and the development of an Individualized Plan for Employment, pending a resolution of the applicant's or customer's appeal by mediation or hearing, unless:

   1. (1) the applicant or customer requests a suspension, reduction, or termination of services; or
   2. (2) the Agency has evidence that the applicant or customer obtained the services through misrepresentation, fraud, collusion, or criminal conduct.

Source Note:The provisions of this §850.60 adopted to be effective May 13, 2019, 44 TexReg 2364.