Section 200. Review of extended employment and other employment under special certificate provisions of the Fair Labor Standards Act

A. For two years after the individual's record of services is closed (and thereafter if requested by the individual or, if appropriate, the individual's representative), the state unit shall annually review and reevaluate the status of each individual determined by the state unit to have achieved an employment outcome in which the individual is compensated in accordance with § 14(c) of the Fair Labor Standards Act or whose record of services is closed while the individual is in extended employment on the basis that the individual is unable to achieve an employment outcome consistent with 22VAC30-20-10 or that the individual made an informed choice to remain in extended employment. This review or reevaluation must include input from the individual or, in an appropriate case, the individual's representative to determine the interests, priorities, and needs of the individual with respect to competitive employment.

B. The state unit shall make maximum effort, including the identification of vocational rehabilitation services, reasonable accommodations, and other support services, to enable the eligible individual to engage in competitive employment.

C. The state unit shall obtain the individual's or, as appropriate, the individual's representative's signed acknowledgement that the review and reevaluations have been conducted.

Historical Notes

Derived from VR595-01-1 § 20, 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.