Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 20. Provision of Vocational Rehabilitation Services

22VAC30-20-200. Review of extended employment and other employment under special certificate provisions of the Fair Labor Standards Act.

A. For the first two years after an individual's record of services is closed, the department shall semiannually review and reevaluate the status of each individual (i) determined by the department to have achieved an employment outcome in which the individual is compensated in accordance with § 14(c) of the Fair Labor Standards Act; (ii) whose record of services is closed while the individual is in extended employment on the basis that the individual is unable to achieve an employment outcome consistent with 22VAC30-20-10; or (iii) who made an informed choice to remain in extended employment. After the first two years, the reviews shall be conducted annually. The review and reevaluation shall include input from the individual or, if appropriate, the individual's representative to determine the interests, priorities, and needs of the individual with respect to competitive integrated employment.

B. The department shall make maximum effort, including the identification of vocational rehabilitation services, reasonable accommodations, and other support services, to enable the eligible individual to engage in competitive integrated employment.

C. The department shall obtain the signed acknowledgment of the individual, or, as appropriate, the individual's representative that the annual review and reevaluations have been conducted.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Derived from VR595-01-1 § 20, eff. July 1, 1987; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 17, Issue 7, eff. January 17, 2001; Volume 19, Issue 14, eff. April 24, 2003; Volume 33, Issue 10, eff. February 8, 2017; Volume 35, Issue 1, eff. October 3, 2018.

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