SECTION 106.315. Determination of Ineligibility

(a) If an individual who applies for services is determined not to be eligible for the services or if an eligible individual receiving services under an individualized plan for employment is determined to be no longer eligible for the services then:

(1) DBS must make a determination of ineligibility only after providing an opportunity for full consultation with the individual, or as appropriate, with the individual's representative.

(2) DBS must inform the individual in writing of the ineligibility determination. The written determination must be supplemented by special modes of communication consistent with the informed choice of the individual, if necessary, and must include the reasons for the determination, the requirements under this chapter, and the means by which the individual may express and seek remedy for any dissatisfaction, including the procedures for review of a determination by the counselor.

(3) DBS shall provide the individual with a description of services available from the client assistance program established under 34 CFR Part 370 and information on how to contact that program.

(b) DBS reviews any ineligibility determination based on a finding that the individual is incapable of achieving an employment outcome. The review must occur within 12 months, and annually thereafter if requested by the individual or the individual's representative, unless the individual has refused the review, the individual is no longer present in Texas, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

Source Note: The provisions of this §106.315 adopted to be effective December 10, 2012, 37 TexReg 9644