New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter V - Office Of Vocational Rehabilitation
Part 247 - Client Services
Section 247.9 - Decision on eligibility or ineligibility

(1) At the time an applicant is determined to be eligible for vocational rehabilitation services, the agency will determine in writing that the applicant has met the basic eligibility requirements specified in section 247.6 of this Part.

(2) Such certification shall be dated and signed by agency staff.

(1) The agency will certify in writing that an applicant is ineligible for vocational rehabilitation services whenever the agency determines that the applicant fails to meet the basic conditions for eligibility specified in section 247.6 of this Part.

(2) Such certification of ineligibility shall include a specification of the reasons for the determination of ineligibility, and shall be made only after an opportunity for full consultation with the applicant or, as appropriate, with the applicant's representative.

(3) Such certification shall be dated and signed by agency staff.

(4) The agency will also notify the applicant, in writing, of the determination, including the reasons for the determination, and will inform the applicant in writing of the right to seek review and means of seeking a remedy for disagreement provided by sections 247.2 through 247.4 of this Part.

(5) The agency will inform the applicant of the availability of resources and services through other programs or facilities, including client assistance programs, and, if appropriate, will offer referral to such programs or facilities.

(6) If the applicant was determined to be ineligible because of a finding that the applicant is incapable of benefiting in terms of an employment outcome the agency will review and re-evaluate such determination annually for the first two years after the individual's record of services is closed, and annually thereafter if requested.