[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR361.41]

[Page 299]
 
                           TITLE 34--EDUCATION
 
              CHAPTER III--OFFICE OF SPECIAL EDUCATION AND
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 361--STATE VOCATIONAL REHABILITATION SERVICES PROGRAM--Table of Contents
 
      Subpart B--State Plan and Other Requirements for Vocational 
                         Rehabilitation Services
 
Sec. 361.41  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 section 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.
    (b) Applications.
    (1) Once an individual has submitted an application for vocational 
rehabilitation services, including applications made through common 
intake procedures in One-Stop centers established under section 121 of 
the Workforce Investment Act of 1998, an eligibility determination must 
be made within 60 days, unless--
    (i) Exceptional and unforeseen circumstances beyond the control of 
the designated State unit preclude making an eligibility determination 
within 60 days and the designated State unit 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 
Sec. 361.42(e) or, if appropriate, an extended evaluation is carried out 
in accordance with Sec. 361.42(f).
    (2) An individual is considered to have submitted an application 
when the individual or the individual's representative, as appropriate--
    (i)(A) Has completed and signed an agency application form;
    (B) Has completed a common intake application form in a One-Stop 
center requesting vocational rehabilitation services; or
    (C) Has otherwise requested services from the designated State unit;
    (ii) Has provided to the designated State unit information necessary 
to initiate an assessment to determine eligibility and priority for 
services; and
    (iii) Is available to complete the assessment process.
    (3) The designated State unit must ensure that its application forms 
are widely available throughout the State, particularly in the One-Stop 
centers established under section 121 of the Workforce Investment Act of 
1998.

(Approved by the Office of Management and Budget under control number 
1820-0500.)

(Authority: Sections 101(a)(6)(A) and 102(a)(6) of the Act; 29 U.S.C. 
721(a)(6)(A) and 722(a)(6))


    Effective Date Notes: 1. At 66 FR 7253, Jan. 22, 2001, Sec. 361.41 
was amended by adding ``(Approved by the Office of Management and Budget 
under control number 1820-0500)'', effective Oct. 1, 2001.