Section 20. Processing referrals and applications

A. Referrals. The designated state unit must establish and implement standards for the prompt and equitable handling of referrals of individuals for vocational rehabilitation services, including referrals of individuals made through the One-Stop service delivery systems established under § 121 of the Workforce Investment Act of 1998. The standards must include timelines for making good faith efforts to inform these individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services. (34 CFR 361.41(a))

B. Applications.

1. Once an individual has submitted an application for vocational rehabilitation services, an eligibility determination shall be made within 60 days, unless (i) exceptional and unforeseen circumstances beyond the control of the designated state unit preclude making a determination within 60 days and the designated state agency and the individual agree to a specific extension of time or (ii) an exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with 22VAC30-20-50 or, if appropriate, an extended evaluation is necessary. (34 CFR 361.41(b)(1))

2. An individual is considered to have submitted an application when the individual or the individual's representative, as appropriate (i) has completed and signed an agency application form, a common intake application form in a One-Stop center requesting vocational rehabilitation services, or has otherwise requested services from the designated state unit; (ii) has provided information to the designated state unit that is necessary to initiate an assessment to determine eligibility and priority for services; and (iii) is available to complete the assessment process. (34 CFR 361.41(b)(2))

3. The designated state unit shall ensure that its application forms are widely available throughout the state, particularly in the One-Stop centers established under § 121 of the Workforce Investment Act of 1998. (34 CFR 361.41(b)(3))

4. A face-to-face interview with the applicant is required.

Historical Notes

Derived from VR595-01-1 § 2, eff. July 1, 1987; amended, Volume 11, Issue 01, eff. November 2, 1994; Volume 17, Issue 07, eff. January 17, 2001; Volume 19, Issue 14, eff. April 24, 2003.

Statutory Authority

§ 51.5-14 of the Code of Virginia.