117.1 The Rehabilitation Services Administration shall close a client's record of services after the client:
(a) Maintains a successful employment outcome for a period of ninety (90) days or more in accordance with subsection 116.1;(b) Indicates in writing that he or she no longer wishes to participate in the rehabilitation program;(c) Fails to comply with the vocational rehabilitation process, required assessments or with provisions agreed to in the Individualized Plan for Employment (IPE) or Independent Living Plan (ILP) and is not working with the Rehabilitation Services Administration to remedy any problems or develop a new IPE or ILP;(d) Fails to respond to a notice of the Rehabilitation Services Administration's intent to close the person's case;(e) Ceases to meet the eligibility criteria for participation in the rehabilitation program in accordance with section 103;(f) Is determined to be incapable of achieving an employment outcome as defined in section 199, because of the severity of the person's disability in accordance with subsection 103.13;(g) Cannot be located or contacted, or is otherwise not available to participate in services;(i) Is institutionalized for ninety (90) days or more or is unavailable for services;(j) Is determined not to have an impediment to employment or not to have a need for independent living;(l) Is determined not to need vocational rehabilitation services to prepare for, enter into, engage in, or retain gainful employment consistent with their strengths, resources, priorities, concerns, abilities, capabilities and informed choice in accordance with section 103;(m) Is unable to access a source of extended services;(n) Chooses to obtain or remain in extended employment as defined in section 199;(o) Transfers to another agency that can provide needed services more effectively;(p) Is determined to have no disabling condition; or117.2 Before closing a person's record of service based on a determination that the person is incapable of achieving an employment outcome due to the severity of the disability, the Rehabilitation Services Administration shall give the person an opportunity to participate in a trial work experience with appropriate supports, in accordance with subsection 103.13.
117.3Before closing a person's record of service, the Rehabilitation Services Administration shall:
(a) Give the eligible person thirty (30) days advance written notice of the proposed closure;(b) Provide an opportunity for consultation with the person or, as appropriate, the person and the person's representative; and(c) Record in the client's record of services the responses or views of the eligible person and, as appropriate, the person's representative, or the person's failure to respond to the thirty (30) days' notice of closure and opportunity for consultation.117.4 When closing a record of services, the Rehabilitation Services Administration shall provide the applicant or recipient of services or, as appropriate, the person and the person's representative an advance written notice that includes the following:
(a) The reason(s) for the decision to close the record;(b) The person's appeal rights and the means by which the person may express and seek remedy for any concerns regarding the record closure, including the opportunity for an informal administrative review, mediation, or an administrative hearing; and(c) The Client Assistance Program's role in person's representation.117.5 If the Rehabilitation Services Administration closes a record of services based on a determination that a person is ineligible for services, the Rehabilitation Services Administration shall refer the person to other agencies and programs, including, when appropriate, the independent living services program, pursuant to section 104.
117.6 If the Rehabilitation Services Administration closes a record of services based on a determination that the person is incapable of achieving an employment outcome because of the severity of the person's disability, the Rehabilitation Services Administration shall review the decision within twelve (12) months and annually thereafter if requested by the person, or if appropriate, by the person's representative, unless one of the following applies:
(a) The person refuses the review;(b) The person is no longer present in the District of Columbia or cannot be located or contacted or is otherwise not available to participate in services; or(c) The person has a medical condition which is rapidly progressive or terminal.117.7 The Rehabilitation Services Administration shall not close an applicant's record before completing the eligibility determination process, unless:
(a) The applicant declines to participate in, or is unavailable to complete the eligibility assessment process pursuant to section 109;(b) The applicant fails to complete the assessment process for determining eligibility and priority for services, and existing information is insufficient to facilitate an eligibility determination; or(c) The applicant notifies the Rehabilitation Services Administration that he or she is no longer present in the District of Columbia or is otherwise not available to participate in services.117.8 The Rehabilitation Services Administration shall consider a person rehabilitated when:
(b) The person achieved the employment outcome that is described in the IPE; and(c) The person maintained the employment outcome for at least ninety (90) days, and agreed with the rehabilitation counselor at the end of that ninety (90) days that: (1) The person's employment was satisfactory; and(2) The person was performing satisfactorily on the job; and(3) The person has been informed of the availability of post-employment services.117.9 After the Rehabilitation Services Administration determines that a person has been rehabilitated, the Rehabilitation Services Administration shall close the person's record of services.
117.10Subsequent to the achievement of an employment outcome, the Rehabilitation Services Administration may provide post-employment services as defined in section 199, if such services are necessary to assist the person in maintaining, regaining, or advancing in employment.
D.C. Mun. Regs. tit. 29, r. 29-117
Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612 (May 28, 2010); Final Rulemaking published at 68 DCR 12929 (12/10/2021) Authority: D.C. Official Code § 7-761.09 (2007 Supp.)