§ 7179. Closing the Record of Services Without an Eligibility Determination.

(a) The Department may not close an applicant's record of services prior to making an eligibility determination unless:

(1) The applicant declines to participate in, or is unavailable to complete, the assessment for determining eligibility and priority for services conducted pursuant to Section 7062 of these regulations, which includes any trial work experience or extended evaluation necessary to determine eligibility; and

(2) The Department has made at least three attempts over a 30-day period to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation. The first attempt shall be made in writing to the last known address of the applicant or his or her representative.

(b) For purposes of (a) of this section -

(1) An individual is considered to have declined to participate in the assessment to determine eligibility and priority for services when the individual chooses not to participate in vocational rehabilitation services; or when the individual prevents the completion of the assessment by failing to cooperate in such assessment or any part thereof, including repeated failure to keep appointments, maintain contact, or carry out the individual's responsibilities with respect to the assessment, making threats or engaging in violent conduct, or engaging in abusive language or behavior directed at a Department employee, vendor, or other applicant or eligible individual, when such language or behavior continues after notice is given that the language or behavior is inappropriate.

(2) An individual is considered to be unavailable to complete the assessment to determine eligibility and priority for services when the individual cannot be located or contacted; the individual is unavailable to participate for an extended or indefinite period due to health problems or prolonged confinement in a hospital, nursing home, prison, jail, treatment center, or similar facility, or for another reason; or the individual is deceased.

HISTORY

1. Amendment of chapter heading and new section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR Sections 361.44 and 361.47; and Section 19011, Welfare and Institutions Code.