Section 32-10-5-5.9 - Determination Of IneligibilityIf an OVR/OVRB counselor determines that an applicant is ineligible for VR services or determines that an individual receiving services under an IPE is no longer eligible, the counselor must:58
1. Make the determination only after full consultation with the individual or, as appropriate, the individual's representative;2. Inform the individual in writing, supplemented as necessary by other appropriate modes of communication, of the ineligibility determination, including the reasons for the determination, and the means by which the individual may express and/or seek remedy for any dissatisfaction (see Hearing Policy, Section 4 of this manual);3. Provide the individual with the contact information and a description of services available from the CAP;4. Refer the individual to other workforce programs and/or service providers best suited to meet his/her rehabilitation needs, and5. Review, within 12 months and annually thereafter if requested by the individual or, if appropriate, by the individual's representative any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome.32 Miss. Code. R. 10-5-5.9
This review need not be conducted in situations where the individual has refused a review, he/she is no longer present in the State, and his/her whereabouts are unknown, or his/her medical condition is rapidly progressive or terminal.