OAR 582-050-0000: Referrals and Applications

(1) Referrals to and applications for vocational rehabilitation services provided by the Program shall be handled promptly and equitably. (2) The Program shall establish timelines for making a good faith effort to inform individuals referred to or seeking services from the Program of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services. (3) Assessment to determine eligibility and priority for services shall commence as soon as an application for services is received and to the maximum extent possible shall be expedited through use of existing information, including school, Social Security, medical and family member records. (4) An individual is considered to have submitted an application only when all the following conditions have been satisfied: (a) The individual or the individual’s representative, as appropriate, has completed and signed a Program application form or has otherwise requested services; (b) The individual or the individual’s representative, as appropriate, has provided the information necessary to initiate an assessment for eligibility; and (c) The individual is available to complete the assessment process. (5) Once the Program has received an application for vocational rehabilitation services, including applications for vocational rehabilitation services made through common intake procedures in One-Stop centers established under section 121 of the federal Workforce Investment Act of 1998, the Program must make an eligibility determination within 60 days, unless: (a) Exceptional and unforeseen circumstances beyond the control of the Program preclude making an eligibility determination within 60 days and the Program and the individual agree to a specific extension of time; or (b) A trial work experience or exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with 34 CFR 361.42(e) or, if appropriate, an extended evaluation is carried out in accordance with 34 CFR 361.42(f). (6) The Program 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 Program has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative, to encourage the applicant's participation. (7) The length of time between eligibility determination and the signing of the Individualized Plan for Employment (IPE) by the Program counselor and the individual or the individual’s representative may not exceed 90 days. If the Program invokes an Order of Selection, the length of time begins once the individual is removed from the waitlist. Exceptions to the 90 day time frame include: (a) Mutual agreement by the individual and counselor to an extension to a specific date by which the IPE shall be completed, taking into consideration the unique needs of the individual; (b) Individual involvement in the Program dispute resolution process addressing issues critical to plan development; (8) The Program shall make information regarding application requirements and forms available statewide.