Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 22. Social Services
Agency 45. Department For The Blind And Vision Impaired
Chapter 51. Regulations Governing Provision of Services in Vocational Rehabilitation

22VAC45-51-120. Periodic review of ineligibility determinations.

When DBVI determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving vocational rehabilitation services under an IPE is no longer eligible for vocational rehabilitation services, DBVI shall:

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

2. Inform the individual in writing, supplemented as necessary by other modes of communication consistent with the informed choice of the individual, of the ineligibility determination including reasons for that determination;

3. Inform the individual in writing, supplemented as necessary by other modes of communication consistent with the informed choice of the individual, the means by which the individual may express and seek remedy for dissatisfaction, including the procedures for review of determinations by DBVI;

4. Provide the individual with a description of services available from the client assistance program established in the disAbility Law Center of Virginia; and

5. Within 12 months of the ineligibility determination and annually thereafter if requested by the individual or, if appropriate, by the individual's representative, review any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome. 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.

Statutory Authority

§ 51.5-66 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 2, eff. October 19, 2016.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.