(a) Following suspension or termination of participation in the CDS option, an individual or LAR must request re-enrollment in the CDS option by notifying the individual's case manager or service coordinator.
(b) If an individual or LAR wishes to re-enroll in the CDS option, the case manager or service coordinator must:
  (1) review the reason that the individual was suspended or terminated from the CDS option;
  (2) verify that the individual has fulfilled the minimum 90-day period and any conditions specified by the individual's service planning team or a hearing officer, if applicable;
  (3) verify how each issue that contributed to the suspension or termination has been resolved; and
  (4) refer the request for re-enrollment in the CDS option to the individual's service planning team and follow requirements of the individual's program, including:
    (A) revising the individual's service plan and re-enrolling the individual in the CDS option upon approval; and
    (B) issuing a denial and providing information related to requesting a fair hearing if the request is not approved.
(c) If approved for re-enrollment, the CDSA must:
  (1) provide an initial orientation in accordance with §41.307 of this chapter (relating to Initial Orientation of an Employer) following the individual's re-enrollment in the CDS option if the current employer or DR has not received initial orientation; and
  (2) notify the employer, DR, and the individual's case manager or service coordinator in writing within two working days after any repeat of prior noncompliance or additional noncompliance with requirements of the individual's program or this chapter during the individual's participation in the CDS option.

Source Note: The provisions of this §41.409 adopted to be effective January 1, 2007, 31 TexReg 10352