Wash. Admin. Code § 67-25-575 - VR program exit-Ineligibility determination or lack of participation
(1) If the department finds that an applicant
is ineligible for vocational rehabilitation services for the following reasons:
(a) Based on evidence in accordance with WAC
67-25-125;
(b) Based on clear and
convincing evidence in accordance with WAC 67-25-140;
(c) Based on clear and convincing evidence
and in accordance with WAC 67-25-220; or
(d) The individual makes an informed choice
to not pursue a competitive and integrated employment outcome, as defined in
WAC 67-25-093.
(2) The
department then must:
(a) Make the
determination only after providing an opportunity for full consultation with
the individual or, as appropriate, with the individual's
representative;
(b) Inform the
individual in writing, supplemented as necessary by other appropriate modes of
communication consistent with the informed choice of the individual of:
(i) The ineligibility determination,
including the reasons for that determination;
(ii) The requirements under this section;
and
(iii) The means by which the
individual may express and seek remedy for any dissatisfaction, including the
procedures for review of department determinations in accordance with WAC
67-25-600.
(c) Provide
the individual with a description of services available from a client
assistance program established under 34 C.F.R. Part 370 and information on how
to contact that program;
(d) Refer
the individual:
(i) To other programs that
are part of the workforce development service delivery system under the
Workforce Innovation and Opportunity Act that can address the individual's
training, employment-related and/or subsistence needs; or
(ii) To federal, state, or local programs or
service providers, including, as appropriate, independent living programs and
extended employment providers, best suited to meet their rehabilitation needs,
if the ineligibility determination is based on a finding that the individual
has chosen not to pursue, or is incapable of achieving, a competitive and
integrated employment outcome as defined in WAC 67-25-093.
(e)
(i)
Review annually if requested by the individual or, if appropriate, by the
individual's representative, any ineligibility determination that is based on a
finding that the individual is incapable of achieving an employment outcome due
to significance of disability;
(ii)
This review need not be conducted in situations in which the individual has
refused 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) The department may not close an
applicant's record of services prior to making an eligibility determination
unless the applicant declines to participate in, or is unavailable to complete,
an assessment for determining eligibility and priority for services, and the
department has made a reasonable number of attempts to contact the applicant
or, if appropriate, the applicant's representative to encourage the applicant's
participation.
Notes
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