22 Va. Admin. Code § 30-30-50 - Ineligibility
A. A DSU may carry
out the functions and responsibilities described in this section, except as
otherwise provided, or may delegate them to the appropriate service provider
with which the DSU subgrants or contracts to provide IL services. If a
determination is made that an applicant for IL services is not an individual
with a significant disability, the service provider shall provide documentation
of the ineligibility determination that is dated and signed by an appropriate
staff member.
1. The service provider may
determine an applicant to be ineligible for IL services only after full
consultation with the applicant or, if the applicant chooses, the applicant's
parent, guardian, or other legally authorized advocate or representative, or
after providing a clear opportunity for this consultation.
2. The service provider shall notify the
applicant in writing of the action taken and inform the applicant or, if the
applicant chooses, the applicant's parent, guardian, or other legally
authorized advocate or representative, of the applicant's rights and the means
by which the applicant may appeal the action taken.
3. The service provider shall provide a
detailed explanation of the availability and purposes of the Client Assistance
Program established within Virginia under § 112 of the Act, including
information on how to contact the program.
4. If appropriate, the service provider shall
refer the applicant to other agencies and facilities, including the state's
vocational rehabilitation program under Title I ( 29 USC § 701 et seq.) of
the Act.
B. If an
applicant for IL services has been found ineligible, the service provider shall
review the applicant's ineligibility at least once within 12 months after the
ineligibility determination has been made and whenever the service provider
determines that the applicant's status has materially changed. The review need
not be conducted in situations where the applicant has refused the review, the
applicant is no longer present in Virginia, or the applicant's whereabouts are
unknown.
Notes
Statutory Authority
§ 51.5-14 of the Code of Virginia.
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