(a) Eligibility or ineligibility must be determined no later than 60 days after the applicant, or the applicant's representative, as appropriate, has signed and submitted an application for vocational rehabilitation services in accordance with provisions of §106.307 of this subchapter (relating to Application).
(b) Exceptions to the 60-day time frame for determining eligibility or ineligibility may occur only when:
  (1) DBS notifies the applicant that unforeseen circumstances beyond the control of DBS preclude it from completing the determination in 60 days; and
  (2) the applicant, or the applicant's representative, as appropriate, agrees to a specific extension of time; or
  (3) DBS is exploring an applicant's abilities, capabilities, and capacity to perform in work situations.
(c) Eligibility must be determined before applying Division 6 of this subchapter, if appropriate (relating to Methods of Administration of Vocational Rehabilitation) and Division 4 of this subchapter (relating to Consumer Participation).

Source Note: The provisions of this §106.313 adopted to be effective December 10, 2012, 37 TexReg 9644