[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: 34CFR361.44] [Page 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. 361.44 Closure without eligibility determination. The designated State unit may not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the State unit has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation. (Authority: Section 12(c) of the Act; 29 U.S.C. 709(c))