§ 7179.1. Closing the Record of Services with a Determination of Ineligibility.

(a) The Department shall close the record of services when it determines that an applicant is ineligible for vocational rehabilitation services or determines that an eligible individual is no longer eligible for services, as specified in Section 7098 of these regulations.

(b) The Department shall review any ineligibility determination based on a finding that the individual is incapable of achieving an employment outcome in accordance with Section 7181.1 of these regulations.

(c) For purposes of (a) of this section, an individual is not eligible for services when any of the following conditions exists:

(1) There is clear and convincing evidence, as defined in Section 7004.6 of these regulations, that the individual cannot benefit from vocational rehabilitation services in terms of an employment outcome due to the severity of the individual's disability.

(2) The individual does not have a physical or mental impairment, as defined in Section 7021 of these regulations.

(3) The individual's impairment does not constitute a substantial impediment to employment, as defined in Section 7027 of these regulations.

(4) The individual does not require vocational rehabilitation services provided by the Department to prepare for, secure, retain, or regain an employment outcome consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including circumstances in which the individual has obtained an employment outcome without benefit from Department services.

HISTORY

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

2. Amendment of subsection (a) and amendment of Note filed 10-4-2011; operative 11-3-2011 (Register 2011, No. 40).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(20)(A) and 722(a); 34 CFR Sections 361.5(b)(28), 361.42, 361.43 and 361.47; and Sections 19011, 19103(b) and 19151, Welfare and Institutions Code.