reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Applicant"
				means an individual for whom a formal application for vocational rehabilitation
				services has been signed and submitted to DVR by the individual or the
				individual's authorized representative.
B. [Reserved]
C. [Reserved]
D. [Reserved]
E. Community rehabilitation program means a
				program that provides directly or facilitates the provision of vocational
				rehabilitation services to individuals with disabilities, and that provides,
				singly or in combination, for an individual with a disability to enable the
				individual to maximize opportunities for employment, including career
				advancement.
(1) Medical, psychiatric,
				psychological, social, and vocational services that are provided under one
				management;
(2) Testing, fitting,
				or training in the use of prosthetic and orthotic devices;
(3) Recreational therapy;
(4) Physical and occupational
				therapy;
(5) Speech, language, and
				hearing therapy;
(6) Psychiatric,
				psychological and social services, including positive behavior
				management;
(7) Assessment for
				determining eligibility and vocational rehabilitation needs;
(8) Rehabilitation technology;
(9) Job development, placement, and retention
				services;
(10) Evaluation or
				control of specific disabilities;
(11) Orientation and mobility services for
				individuals who are blind;
(12)
				Extended employment;
(13)
				Psycho-social rehabilitation services;
(14) Supported employment services and
				extended services;
(15) Services to
				family members when necessary to the vocational rehabilitation of the
				individual;
(16) Personal
				assistance services; or
(17)
				Services similar to the services described above.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.8 - GENERAL POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
General policies include:
A. Respect for individual dignity, personal
				responsibility, self-determination, and pursuit of meaningful careers, based on
				the informed choice of individuals with disabilities;
B. Respect for the privacy, rights, and equal
				access of individuals with disabilities;
C. Inclusion, integration, and full
				participation of individuals with disabilities;
D. Support for the involvement of the family,
				advocates or authorized representatives, if desired or requested by the
				individual with a disability; and
E. Support for individual and systemic
				advocacy and community involvement.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.9 - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS AND FEDERAL GRANTS

Current through Register Vol. 35, No. 13, July 16, 2024
DVR shall conduct programs and activities in such a manner
				  that no person in the United States will be excluded from participation in, be
				  denied the benefits of, or be subjected to discrimination under any such
				  program or activity on the ground of race, color, national origin, sex,
				  religion, age, or physical or mental impairment.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.10 - STAFFING OF THE STATE VOCATIONAL REHABILITATION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR shall employ sufficient number of
				staff with appropriate qualifications to carry out all functions required,
				including program planning and evaluation, staff development, rehabilitation
				facility development and utilization, medical consultation, and rehabilitation
				counseling services for individuals with severe handicaps.
B. DVR shall make personnel available who are
				able to communicate in the native languages of applicants with limited
				English-speaking ability from ethnic groups which represent substantial
				segments of the state population as well as personnel who are able to
				communicate with individuals who rely on special modes of communication such as
				oral and non-verbal communication devices.
C. DVR shall recruit, prepare and retain
				qualified personnel, including personnel from minority backgrounds, and
				personnel who are individuals with disabilities.
D. DVR shall provide a system for the
				continuing education of the rehabilitation professionals and paraprofessionals
				it employs, particularly with respect to rehabilitation technology.
E. DVR shall set, establish and maintain
				standards to ensure that its personnel are appropriately and adequately
				prepared and trained.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.11 - PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR shall
				develop and administer a state plan and a related strategic plan for vocational
				rehabilitation services which are effective for all political subdivisions,
				except in the case of any activity of demonstration projects or special
				initiatives likely to assist groups of individuals with disabilities.
B. DVR shall conduct public hearings to
				obtain comments for development of a state plan and strategic plan for
				provision of rehabilitation services, after appropriate and sufficient notice,
				to allow interested groups and organizations, and all segments of the public an
				opportunity to participate.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.12 - ESTABLISHMENT OF STATE REHABILITATION ADVISORY COUNCIL

Current through Register Vol. 35, No. 13, July 16, 2024
DVR shall establish a state rehabilitation advisory council,
				  seek and consider the advice of the council, and transmit to the council: all
				  plans, reports, and other information required to be submitted to the
				  commissioner of the rehabilitation services administration; all policies,
				  practices, and procedures of general applicability provided to or used by
				  rehabilitation personnel; and copies of due process hearing decisions, which
				  shall be transmitted in such a manner as to preserve the confidentiality of the
				  participants in the hearings.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.13 - INFORMATION, REFERRAL, AND OUTREACH

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR will provide for the establishment and
				maintenance of information and referral programs (the staff of which shall
				include, to the maximum extent feasible, interpreters for individuals who are
				deaf) in sufficient numbers to assure that individuals with disabilities within
				the state are afforded accurate vocational rehabilitation information and
				appropriate referrals to other federal and state programs and activities which
				would benefit them.
B. DVR will
				conduct outreach procedures to identify and serve individuals with disabilities
				who are minorities and individuals with disabilities who have been unserved or
				under-served by the vocational rehabilitation system.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.14 - COOPERATION WITH OTHER PUBLIC AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR will enter into appropriate
				cooperative arrangements with, and utilize the services and facilities of,
				federal, state, and other governmental agencies administering programs related
				to the rehabilitation of handicapped individuals to ensure that clients with
				disabilities receive appropriate services.
B. When the state's share of the cost of a
				cooperative program for providing vocational rehabilitation services or for
				engaging in administrative activities of DVR is furnished in whole or in part
				by a state or local public agency other than DVR, each such cooperative program
				will be based on a written agreement which meets the requirements of applicable
				federal regulations.
C. DVR shall
				provide training to staff of other appropriate governmental agencies as to the
				availability and benefits of, and eligibility standards for, vocational
				rehabilitation services, in order to enhance the opportunity of individuals to
				obtain vocational rehabilitation services.
D. In providing for interagency cooperation,
				DVR will, as appropriate: establish interagency working groups; enter into
				formal interagency cooperative agreements that identify policies, practices,
				and procedures that can be coordinated among the agencies (particularly
				definitions, standards for eligibility, the joint sharing and use of
				evaluations and assessments, and procedures for making referrals); identify
				available resources and define the financial responsibility of each agency for
				paying for necessary services (consistent with state law) and procedures for
				resolving disputes between agencies; and include all additional components
				necessary to ensure meaningful cooperation and coordination.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.15 - USE OF COMMUNITY RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				DVR will maximally utilize public or other vocational or technical training
				programs or other appropriate resources in the community; and, as appropriate,
				enter into agreements with the operators of community rehabilitation programs
				for the provision of services for the rehabilitation of individuals with
				disabilities.
B. DVR will assure
				that facilities used in connection with the delivery of services assisted under
				the state plan will comply with the Architectural Barriers Act of 1968, with
				section 504 of Rehabilitation Act of 1973 as amended, and with the Americans
				with Disabilities Act of 1990. DVR will require an assurance from each
				community rehabilitation program it employs, certifying that the program is
				either in compliance with the aforementioned regulatory requirements or
				documenting why it has a valid exemption under the law.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.16 - CASE RECORDING

Current through Register Vol. 35, No. 13, July 16, 2024
DVR shall maintain a case record for each applicant for, and
				  recipient of, vocational rehabilitation services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.17 - AUTHORIZATION OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
DVR shall authorize vocational rehabilitation services for
				  individuals with disabilities in writing prior to providing such services. In
				  emergency situations, DVR may make verbal authorization for vocational
				  rehabilitation services, issuing prompt written authorization to the service
				  provider.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.18 - PROTECTION, USE AND RELEASE OF PERSONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
DVR shall safeguard confidentiality of personal information
				  about applicants for and recipients of vocational rehabilitation
				  services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.19 - ESTOPPEL

Current through Register Vol. 35, No. 13, July 16, 2024
Statements of fact or law by employees of DVR shall not estop
				  DVR from acting in accordance with federal and state laws and
				  regulations.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.20 - FACTORS DISREGARDED IN DETERMINING ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
DVR shall determine eligibility of applicants for services
				  without regard to:
A. Sex, race,
				creed, religion, age, color, or national origin;
B. Upper or lower age limits if they result
				by themselves in a finding of ineligibility for any applicant who otherwise
				meets the basic eligibility requirements;
C. A residence requirement, durational or
				otherwise, which excludes from service any individual who is present in the
				state; or
D. Current illegal use of
				drugs, if the applicant is otherwise eligible for services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.21 - ELIGIBILITY CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				individual is eligible for assistance for vocational rehabilitation services if
				the individual:
(1) has a physical or mental
				impairment which, for the individual, constitutes or results in a substantial
				impediment to employment; and
(2)
				can benefit in terms of an employment outcome from vocational rehabilitation
				services; and
(3) requires
				vocational rehabilitation services to prepare for, enter, engage in, or retain
				gainful employment.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.22 - PRESUMPTION OF BENEFIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. There
				is a presumption that an individual can benefit in terms of an employment
				outcome from vocational rehabilitation services. Thus, all individuals applying
				for vocational rehabilitation services are presumed to be able to benefit in
				terms of an employment outcome from vocational rehabilitation services unless
				DVR can rebut this presumption.
B.
				To rebut this presumption, DVR must demonstrate by clear and convincing
				evidence that an individual is incapable of benefiting from vocational
				rehabilitation services in terms of an employment outcome.
C. If there is an issue concerning the
				severity of an individual's disability, DVR must conduct an extended evaluation
				prior to determining that the individual is incapable of benefiting from
				services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.23 - TIME LIMIT FOR DETERMINING ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR shall determine whether an individual
				is eligible for vocational rehabilitation services within 60 days after the
				individual has submitted an application to receive services.
B. DVR may extend the 60 day limit for
				determining eligibility if:
(1) DVR notifies
				the individual that exceptional and unforeseen circumstances beyond its control
				preclude the completion of the eligibility determination within the 60 days and
				the individual agrees that an extension of time is warranted; or
(2) An extended evaluation is
				required.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.24 - ASSESSMENT OF EXISTING DATA AND PRELIMINARY ASSESSMENT OF REHABILITATION NEEDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				counselor assigned by DVR shall review existing data:
(1) To determine whether an individual is
				eligible for vocational rehabilitation services; and
(2) To assign the priority of the individual
				for order of selection (if and when an order of selection is in
				force).
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.25 - DETERMINATION OF ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
When an applicant is determined eligible for vocational
				  rehabilitation services, the counselor assigned by DVR shall prepare a signed
				  and dated statement to this effect. Such a statement is prepared only after
				  consultation with the individual, or, as appropriate, his parent, family
				  member, guardian, or authorized representative, or after affording a clear
				  opportunity for such consultation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.26 - DETERMINATION OF INELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				of the following reasons may constitute the basis for a determination of
				ineligibility:
(1) no impairment
				exists;
(2) an impairment exists;
				however, there is no clear evidence that it has resulted in a substantial
				impediment to employment;
(3) the
				individual cannot benefit from vocational rehabilitation services in terms of
				an employment outcome; or
(4)
				[Reserved]
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.27 - DETERMINATION OF THE NEED FOR EXTENDED EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
When the counselor assigned by DVR is unable to make a
				  determination that vocational rehabilitation services are required for an
				  applicant in terms of employment outcome unless there is an extended evaluation
				  to determine rehabilitation potential, the counselor shall make a signed and
				  dated statement of such inability, providing for an extended evaluation. Such a
				  statement, providing for an extended evaluation, is prepared only after
				  consultation with the individual, or, as appropriate, his parent, family
				  member, guardian, or authorized representative, or after affording a clear
				  opportunity for such consultation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.28 - EXTENDED EVALUATION TO DETERMINE ELIGIBILITY AND SCOPE OF SERVICES NEEDED

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR provides
				vocational rehabilitation services under extended evaluation to determine
				eligibility based upon:
(1) The presence of a
				physical or mental impairment which for the individual constitutes or results
				in a substantial impediment to employment; and
(2) An inability to make a determination that
				vocational rehabilitation services are required for the individual in terms of
				an employment outcome.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.29 - NOTIFICATION, AND REVIEW OF ELIGIBILITY DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When an individual is determined eligible
				or ineligible for vocational rehabilitation services, DVR shall notify the
				individual in writing of the determination. DVR shall specify:
(1) The reasons for such a
				determination;
(2) The rights and
				remedies available to the individual, including, if appropriate, recourse to
				the impartial hearing process;
(3)
				The availability of services provided by the client assistance program to the
				individual; and
(4) The
				individual's right to re-apply for services upon a change of the individual's
				circumstances.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.32 - COMPREHENSIVE ASSESSMENT OF VOCATIONAL NEEDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Once an individual is determined eligible
				for vocational rehabilitation services and to the extent necessary, DVR shall
				provide a comprehensive assessment of the unique strengths, resources,
				priorities, interests, and needs, including the need for supported employment,
				to determine the goals, objectives, nature and scope of vocational
				rehabilitation services to be included in the individualized written
				rehabilitation program developed for the individual.
B. The assessment will be limited to
				information that is necessary to identify the rehabilitation needs of the
				individual and to develop the rehabilitation program of the
				individual.
C. The primary source
				of such information, to the maximum extent possible and appropriate and in
				accordance with confidentiality requirements, will be existing information and
				such information as can be provided by the individual and, where appropriate,
				by the family of the individual, and:
(1) may
				include, to the degree needed, an assessment of the personality, interest,
				interpersonal skills, intelligence and related functional capacities,
				educational achievements, work experience, vocational aptitudes, personal and
				social adjustments, employment opportunities, medical, psychiatric,
				psychological, and other pertinent vocational, educational, cultural, social,
				recreational, and environmental factors that affect the employment and
				rehabilitation needs of the individual; and
(2) may also include an appraisal of the
				patterns of work behavior of the individual and services needed for the
				individual to acquire occupational skills, and to develop work attitudes, work
				habits, work tolerance, and social and behavioral patterns necessary for
				successful job performance, including the utilization of work in real job
				situations to assist and develop the capacities of the individual to perform
				adequately in a work environment; and
(3) Where appropriate, the provision of
				rehabilitation technology services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.33 - INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The counselor assigned by DVR shall
				initiate and periodically update an individualized written rehabilitation
				program for each individual determined to be:
(1) In need of an extended evaluation to
				determine eligibility for vocational rehabilitation services; or
(2) Eligible for vocational rehabilitation
				services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.34 - PROGRAM CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
At a minimum, each individualized written rehabilitation
				  program shall contain:
A. A statement
				of the long-term appropriate vocational goal;
B. A statement of the intermediate objectives
				related to the attainment of the long-term goal, including the specific
				vocational rehabilitation services to be provided, the projected dates for the
				initiation and the anticipated duration of each such service, and, if
				appropriate, a statement detailing how such services shall be provided or
				arranged through cooperative agreement with other service providers;
C. If appropriate, a statement of the
				specific rehabilitation technology services to be provided and a statement of
				the specific on-the-job and related personal assistance services to be
				provided, including training in managing personal assistance
				services;
D. An assessment of the
				expected need for post-employment services, and, if appropriate, extended
				services as well a provision for a reassessment of the need for post-employment
				services prior to the point of successful rehabilitation;
E. Terms and conditions for providing goods
				and services, including objective criteria and an evaluation procedure and
				schedule for determining whether appropriate goals and objectives are being
				achieved;
F. Identification of
				entities that will provide the services and the process used to provide or
				procure such services, including information identifying other related
				services, and benefits provided pursuant to any federal, state, or local
				program (comparable/similar benefits);
G. A statement in the words of the individual
				or, if appropriate, the individual's authorized representative describing how
				the individual was informed about and involved in choosing goals, objectives,
				services, entities providing services, and methods used to provide such
				services;
H. A description of
				rights and remedies and a description of the availability of a client
				assistance program; and
I. The
				signature of the counselor assigned by DVR and the individual or, as
				appropriate, the individual's authorized representative.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.35 - REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. The counselor
				assigned by DVR shall review the individualized rehabilitation program with the
				individual annually, affording the individual or the individual's authorized
				representative an opportunity to review the individual's program and jointly
				re-develop the program and agree to its terms. Any revisions or amendments to
				the program resulting from the annual review shall be agreed upon and signed by
				the individual or, if appropriate, the individual's authorized representative
				and the counselor before such revisions shall take effect.
B. In those cases where an individualized
				written rehabilitation program has been developed for the purpose of extended
				evaluation to determine eligibility for vocational rehabilitation services, the
				counselor assigned by DVR shall conduct an assessment at least once in every
				ninety-day period during which such evaluation services are provided. At such
				time the counselor shall ascertain whether a determination of eligibility or
				ineligibility may be made.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.37 - INDIVIDUAL PARTICIPATION IN THE COSTS OF VOCATIONAL REHABILITATION SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The counselor assigned by DVR shall request an individual
				  with available financial resources to participate in the cost of his vocational
				  rehabilitation services and shall negotiate the extent of that participation
				  for all vocational rehabilitation services other than:
A. Assessment for determining eligibility and
				vocational rehabilitation needs, including vocational rehabilitation services
				provided during an extended evaluation for purposes of assessment;
B. Vocational rehabilitation counseling,
				guidance, and work-related placement services; and
C. Referral services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.38 - DETERMINATION OF COMPARABLE SERVICES AND BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to initiation of vocational rehabilitation services
				  through an individualized written rehabilitation program, the counselor
				  assigned by DVR shall determine the availability of comparable services and
				  benefits to an individual, except when the determination:
A. Would delay the provision of comparable
				services and benefits to an individual at extreme medical risk (based upon
				medical evidence provided by an appropriate licensed medical professional);
				or
B. Would result in the loss of
				an immediate job placement due to a delay in the provision of such comparable
				services and benefits.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.39 - UTILIZATION OF COMPARABLE SERVICES AND BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR shall utilize comparable services and
				benefits determined to be available as appropriate in the provision of all
				vocational rehabilitation services to an individual or the individual's family
				members, except for the following services:
(1) assessment for determining eligibility
				and vocational rehabilitation needs;
(2) counseling, guidance, and work-related
				placement services, including job search assistance, placement assistance, job
				retention services, and personal assistance services;
(3) vocational and other training services
				not provided in an institution of higher learning, including personal and
				vocational adjustment training, books, tools, and other training
				materials;
(4) referral
				services;
(5) rehabilitation
				technology services; and
(6)
				post-employment services, including vocational rehabilitation services listed
				in this section, necessary to maintain, regain, or advance in
				employment.
(7)
				[Reserved]
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.41 - PROGRAM ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR shall:
(1) make its programs accessible to
				individuals with disabilities, ensuring all offices are physically accessible
				and reasonable accommodations are made to enable individuals with disabilities
				to take advantage of DVR services;
(2) ensure that individuals with disabilities
				are active participants in their respective rehabilitation programs, providing
				for meaningful and informed choices about the selection of the vocational
				rehabilitation services; and
(3)
				make referrals of individuals with disabilities to other agencies and
				organizations as appropriate, including the client assistance
				program.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.42 - INDIVIDUAL PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
An individual applying for or a recipient of vocational
				  rehabilitation services must:
A. be
				available for assessment and vocational rehabilitation services for an
				indefinite or considerable period of time;
B. be responsive to DVR correspondence or
				telephone calls; and
C. accept,
				utilize, or participate in appropriate vocational rehabilitation services or
				diagnostics after a reasonable effort has been made to encourage his
				cooperation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.43 - CASE CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				counselor assigned by DVR may close a case prior to or subsequent to provision
				of vocational rehabilitation services either because the individual:
(1) did not meet or did not continue to meet
				the eligibility criteria;
(2) was
				unavailable for assessment and vocational rehabilitation services for an
				indefinite or considerable period of time;
(3) was not responsive to DVR correspondence
				or telephone calls; or
(4) refused
				to accept, utilize, or participate in appropriate vocational rehabilitation
				services or diagnostics after a reasonable effort was made to encourage the
				individual's cooperation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.44 - NOTIFICATION OF CLOSURE DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After an individual has filed an application for services, DVR shall provide
				written notification whenever that individual's case is closed.
B. Written notification shall include any
				required amendment to the individualized written rehabilitation program and
				further specify:
(1) The reasons for the case
				closure;
(2) The rights and
				remedies available to the individual, including, as appropriate, recourse to
				the impartial hearing process; and
(3) The availability of services provided by
				the client assistance program.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 100 - VOCATIONAL REHABILITATION - CLIENT SERVICES › Part 2 - DIRECT CLIENT SERVICES › Section 6.100.2.45 - POST-EMPLOYMENT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVR
				shall provide specific post-employment services necessary to assist individuals
				rehabilitated through vocational rehabilitation services to maintain, regain,
				or advance in employment.
B.
				Required services must be related to the original plan and disability. If not,
				the division shall give consideration to opening a new case for the individual
				with a disability.
C. Any service,
				with the exception of medical care for acute conditions, may be provided as a
				post-employment service with the same requirements that apply to routine
				vocational rehabilitation services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this regulation apply to persons applying
				  for or receiving vocational rehabilitation and aggrieved by any action or
				  inaction of DVR or the director of DVR.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Sections
				  22-14-8
				  and
				  22-14-12 NMSA
				  1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 29, 2020, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish a means by which an individual who has applied
				  for or is a recipient of vocational rehabilitation services can appeal or
				  request mediation of: a determination of a counselor concerning the furnishing
				  or denial of services; or any action or inaction of the division of vocational
				  rehabilitation or the director of vocational rehabilitation. A request for a
				  fair hearing or mediation is to be construed liberally to allow a client to
				  seek redress for DVR decisions that affect their case.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Client
				assistance program"
means the independent private or public agency
				designated to:
(1) advise and inform
				applicants for and recipients of vocational rehabilitation services of services
				and benefits available under the federal Rehabilitation Act of 1973;
(2) assist and advocate for applicants for
				and recipients of vocational rehabilitation services in their relationships
				with projects, programs, and community rehabilitation programs providing
				services under the Rehabilitation Act of 1973; and
(3) inform individuals with disabilities in
				New Mexico, especially individuals with disabilities who traditionally have
				been unserved or underserved by vocational rehabilitation programs, of the
				services and benefits available to them under the federal Rehabilitation Act of
				1973 and Title I of the federal Americans with Disabilities Act of
				1990.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.8 - CLIENT ASSISTANCE PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
DVR shall inform applicants for and recipients of vocational
				  rehabilitation services, or their representatives, of the availability and
				  purpose of a designated client assistance program including:
A. information on how to contact the client
				assistance program and obtain their assistance; and
B. the client assistance programs obligation
				to provide assistance in informing and advising all applicants for and
				recipients of vocational rehabilitation services of all benefits and services
				available under vocational rehabilitation programs.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.9 - FAIR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requesting a fair hearing.
A request for hearing shall be made to
				the DVR director. A hearing request should indicate the contested decision and
				the counselor assigned to the case. A hearing request shall be made within 45
				days of the disputed decision.
B.
Appointment of a hearing officer.
A hearing officer shall be
				appointed on a random basis or by agreement between the client and the DVR
				director. The selection of a hearing officer shall be made from a pool of
				qualified hearing officers established jointly by the state rehabilitation
				advisory council and the DVR director. The hearing officer shall not be an
				employee of DVR.
C.
Time of
				hearing.
The hearing shall be held within 60 days from the date of the
				request for hearing. The time limit may be extended by the hearing officer upon
				the request of either party, for good cause shown. The time limit may also be
				extended upon agreement of both parties.
D.
Opportunity to present
				evidence.
At the hearing, the client or client's representative shall be
				allowed to present evidence, information, and witnesses to the hearing officer,
				and to examine all witnesses and other sources of evidence and
				information.
E.
Duties of
				hearing officer.
The hearing officer shall:
(1) conduct a pre-hearing conference on a
				date reached by mutual agreement between the parties;
(2) administer oaths and affirmations to the
				witnesses;
(3) regulate the course
				and conduct of the hearing;
(4)
				assure that all properly raised and relevant issues are considered;
(5) rule on the introduction of testimony and
				other evidence (the technical rules of evidence do not apply);
(6) assure that the proceedings are properly
				recorded;
(7) review the evidence
				and testimony; and
(8) make a
				decision based upon the facts presented at the hearing, the provisions of the
				approved state plan, the federal Rehabilitation Act of 1973 and accompanying
				federal regulations, and consistent state regulations and policies, the manual
				of operating procedures, and good rehabilitation practice.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS › Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION › Section 6.101.2.10 - ALTERNATIVE DISPUTE RESOLUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requesting mediation.
A request for a mediation proceeding shall
				be made to the director of DVR. The request shall indicate the contested
				decision and the counselor assigned to the case. The request shall be made
				within 45 days of the disputed decision.
B.
Appointing a mediator.
A
				qualified and impartial mediator shall be appointed on a random basis or by
				agreement between the client and the DVR director. The selection of a mediator
				shall be made from a pool of qualified mediators established jointly by the
				state rehabilitation advisory council and the DVR director. The mediator shall
				not be an employee of DVR.
C.
Time of mediation.
The mediation shall be held within 60 days from
				the date of the request for mediation. The time limit may be extended by the
				mediator upon the request of either party, for good cause shown. The time limit
				may also be extended upon agreement of both parties.
D.
Mediation procedures.
Mediations shall be scheduled and conducted in a timely manner, and held in a
				location and manner that is convenient to the parties to the dispute.
(1) During mediation processes, applicants
				for and recipients of vocational rehabilitation services may be represented by
				counsel or another advocate of their selection;
(2) The applicant for or recipient of
				vocational rehabilitation services, or their representative, shall have
				opportunity during the mediation to submit evidence or other information in
				support of their position;
(3)
				Either party may terminate mediation at any point in the mediation process. If
				mediation is terminated, either party may pursue resolution through an
				impartial hearing, pursuant to 6.101.2.9 NMAC;
(4) Discussions that occur during a mediation
				process shall be kept confidential and may not be used as evidence in any
				subsequent fair hearing or civil proceeding. Parties to a mediation process may
				be required to sign a confidentiality pledge prior to the commencement of the
				process;
(5) An agreement reached
				by the parties to the dispute in mediation shall be described in a written
				mediation agreement that is developed by the parties with the assistance of the
				mediator, and signed by both parties. Copies of the agreement shall be mailed
				to both parties; and
(6) DVR shall
				pay the costs of mediation, except that DVR shall not be required to pay for
				the costs related to the representation of an applicant for or recipient of
				vocational rehabilitation services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 102 - VOCATIONAL REHABILITATION - ANCILLARY SERVICES › Part 2 - INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Section 6.102.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this regulation apply to interpreter
				  services for any deaf person requesting or receiving services from any health,
				  welfare or educational agency under the authority of the state or any political
				  subdivision of the state or municipality, or any administrative or judicial
				  proceeding in which an interpreter would be required for a principal party in
				  interest.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 102 - VOCATIONAL REHABILITATION - ANCILLARY SERVICES › Part 2 - INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Section 6.102.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Sections
				  22-14-8
				  and 38-9-7(C) NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 102 - VOCATIONAL REHABILITATION - ANCILLARY SERVICES › Part 2 - INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Section 6.102.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation establishes a fee schedule for interpreters
				  for persons who are deaf and hard of hearing.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 102 - VOCATIONAL REHABILITATION - ANCILLARY SERVICES › Part 2 - INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Section 6.102.2.8 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
The following procedures will be utilized by the agency in
				  providing interpreter services to deaf and hard of hearing individuals,
				  including staff. Deaf and hard of hearing individuals vary considerably in
				  terms of their receptive and expressive communication skills. Multi-disabled
				  persons such as deaf-blind, deaf-mentally retarded, deaf-cerebral palsy,
				  deaf-spinal injured and deaf-brain injured will have special communication
				  problems presenting major challenges for interpreters. It is essential for the
				  deaf or hard of hearing person to receive the most appropriate interpreter for
				  their individual needs. The agency must, in full consultation with the deaf
				  individual, evaluate the interpreting needs of the person prior to the
				  appointment time. Client choice must be considered a priority as the deaf
				  individual know best what their communication level needs
				  involve.