When an applicant is determined ineligible for vocational rehabilitation services or a customer receiving services under an individualized plan of employment (IPE) is no longer eligible for services, VRD must:
  (1) make the determination only after providing an opportunity for full consultation with the individual or the individual's representative, as appropriate;
  (2) inform the individual in writing of the ineligibility determination. The written determination, to be supplemented as necessary by other appropriate modes of communication consistent with the individual's informed choice, must include the reasons for that determination 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 VR counselor;
  (3) 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;
  (4) refer the individual to:
    (A) other programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act that can address the individual's training or employment-related needs; or
    (B) local extended employment providers if the ineligibility determination is based on a finding that the individual is incapable of achieving, or has chosen not to pursue, an employment outcome; and
  (5) review within 12 months and annually thereafter, if requested by the individual or, if appropriate, by the individual's representative, any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome. It is not necessary that the review 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.

Source Note: The provisions of this §856.23 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective November 8, 2017, 42 TexReg 6195