40 Tex. Admin. Code § 856.23
Determination of Ineligibility
Effective Dec 10, 201237 TexReg 9651Source Note: The provisions of this §856.23 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.Texas Secretary of State
When an applicant is determined ineligible for vocational rehabilitation services or a consumer receiving services under an individualized plan of employment (IPE) is no longer eligible for services, DRS must:
- (1) make the determination only after providing an opportunity for full consultation with the person or, as appropriate, the person's representative;
- (2) inform the person in writing of the ineligibility determination. The written determination must be supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the person and must include the reasons for that determination and the means by which the person may express and seek remedy for any dissatisfaction, including the procedures for review of a determination by the rehabilitation counselor;
- (3) provide the person with a description of services available from the Client Assistance Program established under 34 CFR Part 370 and information on how to contact that program;
(4) refer the person to:
- (A) other programs that are part of the One-Stop service delivery system under the Workforce Investment Act that can address the person's training or employment-related needs; or
- (B) local extended employment providers if the ineligibility determination is based on a finding that the person is incapable of achieving an employment outcome; and
- (5) review within 12 months and annually thereafter, if requested by the person or, if appropriate, by the person's representative, any ineligibility determination that is based on a finding that the person is incapable of achieving an employment outcome. This review need not be conducted in situations where the person has refused it, the person is no longer present in the state, the person's whereabouts are unknown, or the person's medical condition is rapidly progressive.
Source Note:The provisions of this §856.23 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.