Current through Supplement No. 394, October, 2024
1. The division
shall close the individual's case as ineligible if the individual has no
disability, no substantial impediment to employment, or does not require
services to achieve an employment outcome. Closure for ineligibility under
these circumstances requires:
a. The
opportunity for the individual or the individual's representative to
participate in the closure decision;
b. Written notification of the closure
decision and reasons for the decision;
c. Written notification of mediation, appeal
rights, and informal review, including the name and address of the division's
chief of field services with whom an appeal may be filed, and written
notification of the availability of and how to contact the client assistance
program;
d. An individualized plan
for employment amendment if appropriate;
e. Documentation of ineligibility in the
record of service that identifies the reasons for closure, dated and signed by
a qualified rehabilitation professional employed by the division; and
f. Referral to other agencies and community
rehabilitation programs as appropriate.
2. The division shall close the individual's
case, if there is clear and convincing evidence, after trial work experiences
or after a period of service provision under an individualized plan of
employment that the individual with disabilities is incapable of benefiting
from vocational rehabilitation services in terms of achieving an employment
outcome due to the severity of the individual's disabilities. The division
shall provide the following when it closes a case due to ineligibility under
these circumstances:
a. The opportunity for
the individual or the individual's representative to participate in the closure
decision;
b. Written notification
of the closure decision and reasons for the decision;
c. Written notification of informal review,
mediation, and appeal rights, including the address of the division's chief of
field services with whom an appeal may be filed, and written notification of
the availability of, and how to contact, the client assistance
program;
d. An individualized plan
for employment amendment if appropriate;
e. Review of the ineligibility determination
within twelve months. A review is not required in situations in which the
individual refuses it, 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;
f.
Documentation of ineligibility in the record of service that identifies the
reasons for closure, dated and signed by a qualified rehabilitation
professional employed by the division; and
g. Referral to other agencies and community
rehabilitation programs as appropriate.
General Authority: NDCC
50-06-16,
50-06.1
Law Implemented: NDCC
50-06.1-02,
50-06.1-06
