[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: 34CFR361.43]

[Page 302-303]
 
                           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. 361.43  Procedures for ineligibility determination.

    If the State unit determines that an applicant is ineligible for 
vocational rehabilitation services or determines that an individual 
receiving services under an individualized plan for employment is no 
longer eligible for services, the State unit must--
    (a) Make the determination only after providing an opportunity for 
full consultation with the individual or, as

[[Page 303]]

appropriate, with the individual's representative;
    (b) Inform the individual in writing, supplemented as necessary by 
other appropriate modes of communication consistent with the informed 
choice of the individual, of the ineligibility determination, including 
the reasons for that determination, the requirements under this section, 
and the means by which the individual may express and seek remedy for 
any dissatisfaction, including the procedures for review of State unit 
personnel determinations in accordance with Sec. 361.57;
    (c) Provide the individual with a description of services available 
from a client assistance program established under 34 CFR part 370 and 
information on how to contact that program;
    (d) Refer the individual--
    (1) To other programs that are part of the One-Stop service delivery 
system under the Workforce Investment Act that can address the 
individual's training or employment-related needs; or
    (2) To local extended employment providers if the ineligibility 
determination is based on a finding that the individual is incapable of 
achieving an employment outcome as defined in Sec. 361.5(b)(16).
    (e) 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. This review 
need not 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.

(Authority: Sections 12(c), 102(a)(5), and 102(c) of the Act; 29 U.S.C. 
709(c), 722(a)(5), and 722(c))

    Effective Date Note: At 66 FR 7253, Jan. 22, 2001, Sec. 361.43 was 
amended by revising paragraph (d) and the authority citation following 
the section, effective Oct. 1, 2001. For the convenience of the user, 
the superseded text is set forth as follows.

Sec. 361.43  Procedures for ineligibility determination.

                                * * * * *

    (d) Refer the individual to other training or employment-related 
programs that are part of the One-Stop service delivery system under the 
Workforce Investment Act; and

                                * * * * *

(Authority: Sections 102(a)(5) and 102(c) of the Act; 29 U.S.C. 
722(a)(5) and 722(c))