Virginia Law

A. Certification of ineligibility. If the department determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving services under an individualized plan for employment is no longer eligible for services, the department shall:

1. Make the determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative;

2. Inform the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, including the reasons for that determination, the requirements under this section and the means by which the individual may express and seek remedy for any dissatisfaction, including the procedures for review of a department personnel determination in accordance with 22VAC30-20-181;

3. Provide the individual with a description of services available under the Client Assistance Program and information on how to contact that program;

4. Refer the individual (i) to other training or employment-related programs that are part of the one-stop service delivery system that can address the individual's training or employment related needs or (ii) if the ineligibility determination is based on a finding that the individual is incapable of achieving or has chosen not to pursue an employment outcome as defined in 22VAC30-20-10, to federal, state, or local programs or service providers, including as appropriate, independent living programs and extended employment providers, best suited to meet the individual's rehabilitation needs; and

5. Review within 12 months and annually thereafter 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. The review need not be conducted in situations in which the individual has refused it, the individual is no longer present in Virginia, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

B. Case closure without eligibility determination. The department shall 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.