(a) An order of selection is authorized in §101(a)(5)(A) of the Rehabilitation Act of 1973, as amended to ensure that consumers with the most severe disabilities are selected for service before other consumers in times of limited funding.
(b) In determining whether to invoke an order of selection, the assistant commissioner for blind services applies the criteria set out in 29 U.S.C. §709, as amended; in 34 Code of Federal Regulations §361.36; and in the state plan.
(c) The order of selection is applied after eligibility for services is determined.
(d) To inquire if DBS is operating under the order of selection, a person may contact any DBS office, including the Central Office at 4800 North Lamar Boulevard, Austin, Texas.

Source Note: The provisions of this §106.707 adopted to be effective December 10, 2012, 37 TexReg 9644