New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 45 - DIVISION OF VOCATIONAL REHABILITATION SERVICES
Subchapter 1 - PROCEDURES AND STANDARDS
Section 12:45-1.7 - Certification: eligibility; ineligibility

Universal Citation: NJ Admin Code 12:45-1.7

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Before or at the same time that an individual with a disability is accepted for vocational rehabilitation services, there shall be a certification by the counselor that the individual has met the basic eligibility requirements as set forth at 12:45-1.4.

1. The certification of eligibility shall be dated and signed by the counselor.

(b) Whenever the counselor determines on the basis of clear and convincing evidence that an applicant or recipient of vocational rehabilitation is ineligible for services, the counselor shall sign and date a certification. In cases where it appears that an ineligibility decision will be reached because of the significance of the disability of an individual not yet determined to be eligible, the counselor shall first explore the individual's abilities, capabilities and capacity to perform in work situations, through the use of trial work experiences, with appropriate supports provided through the Division, except under limited circumstances when an individual cannot take advantage of such experiences. Such experience shall be of sufficient variety and over a sufficient period of time to determine the eligibility of the individual or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the significance of the disability of the individual. If an individual cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted before the counselor can determine eligibility/ ineligibility, the counselor shall conduct an extended evaluation to make the determination.

1. The certification shall contain the following:
i. The reasons for the ineligibility determination;

ii. A statement that the determination is made only after full consultation with the individual or, as appropriate, the individual's parent, guardian, or other representative, or after giving a clear opportunity for this consultation; and

iii. A detailed explanation of the availability of the resources within a client assistance project established under section 112 of the Act, and a statement that referral is made to other agencies and facilities, including when appropriate, the State's independent living program.

2. Applicants shall be informed in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination including the reasons for that determination, and the means by which they may express and seek remedy for any dissatisfaction.

(c) The ineligibility determination shall be reviewed within 12 months and annually thereafter, if requested by the individual, or if appropriate, by the individual's representative, if the determination was based on a finding that the individual was incapable of achieving an employment outcome.

1. A review of an ineligibility determination shall not be conducted in situations where the individual has refused the review, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

(d) The counselor may close a case without any determination of eligibility when an applicant is unavailable during an extended period of time to complete an assessment and the counselor has made repeated efforts to contact the individual and to encourage his or her participation.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.