Section 32-21-9.4.2.2 - Closure Because Eligibility Requirements are Not Met1.An ineligibility determination must be based on one of the following requirements: a. The applicant does not have a physical or mental impairment;b. The applicant's physical or mental impairment does not constitute or result in a substantial impediment to employment;c. The applicant does not require vocational rehabilitation services to prepare for, secure, retain, or regain employment; or,d. The applicant is not capable of benefiting from services in terms of an employment outcome due to the severity of his/her disability. This determination shall be made only after the agency has provided the applicant Trial Work Experiences with appropriate support to determine whether or not there is clear and convincing evidence documented in the case file to support the determination. Exceptions may be made in limited circumstances when the applicant cannot take advantage of such experiences.2. Procedural requirements -- a. The determination shall be made only after providing an opportunity for full consultation with the applicant or, as appropriate, with the applicant's representative.b. The applicant must be informed in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the applicant, of the ineligibility determination, including the reason(s) for the determination, appeal rights, and a description of services available from the Client Assistance Program.c. The applicant must be referred to other agencies and facilities including, as appropriate, the State's Independent Living Program and to other training or employment-related programs that are part of the One-Stop service delivery system under the Workforce Investment Act.d. A review of the ineligibility decision must be conducted within 12 months and annually thereafter if requested by the applicant or, if appropriate, by the client's representative. This review need not be conducted in situations in which the applicant has refused it, the client is no longer present in the State, the client's whereabouts are unknown, or the applicant's medical condition is rapidly progressive or terminal.3. Case record documentation requirements-- a. The determination that an applicant is not eligible to receive services must be recorded in the case notes that are dated and initialed by the counselor. The case notes must include the basis for the decision.b. The case file must contain evidence of written notification to the client of the ineligibility decision including the reasons for the determination, appeal rights, availability of the Client Assistance Program, and review of decision.c. The closure consultation between the applicant and counselor must be recorded in the case file.32 Miss. Code. R. 21-9.4.2.2