It is the sole responsibility of the Office of Vocational Rehabilitation, Mississippi Department of Rehabilitation Services to determine if an individual is eligible for vocational rehabilitation services and to determine the nature and scope of said services. The 1998 Amendments to the Rehabilitation Act made several significant changes in the area of eligibility to streamline the process for making determinations. The most significant of these changes is the creation of several presumptions by which an individual may be presumed to meet one or more of the criteria for eligibility; however, the ultimate decision of whether an individual is or is not eligible for vocational rehabilitation services shall be made by a qualified rehabilitation counselor (as defined by Sections 361.42(2)(i) and 361.45(c)(i)(A) of the 1998 Rehabilitation Act Amendments).
32 Miss. Code. R. 21-5-5.2