reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-07 - Multicounty Social Service Districts › Chapter 75-07-02 - Multicounty Social Service District Plans - Reimbursement of Development Costs › Section 75-07-02-02 - Application for reimbursement

Current through Supplement No. 393, July, 2024
The boards of county commissioners of two or more counties
				  may jointly make application to the department for payment of reimbursement for
				  actual costs incurred in the development of a multicounty social service
				  district plan. The application must be signed by the chairman of each board
				  seeking reimbursement for district plan development and be supported by an
				  authorizing resolution from each board joining in the application.
General Authority: NDCC
					 50-01.1-02.1
Law Implemented: NDCC
					 50-01.1-02.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-07 - Multicounty Social Service Districts › Chapter 75-07-02 - Multicounty Social Service District Plans - Reimbursement of Development Costs › Section 75-07-02-03 - Content of application

Current through Supplement No. 393, July, 2024
The application must contain:
1. Estimated expenditures for plan
				development, including anticipated costs for salary, consultative fees, travel,
				per diem, information services, supplies, and equipment;
2. Proposed beginning and ending dates during
				which plan development will occur;
3. A proposal for allocation of plan
				development costs among the participating counties;
4. An estimate of the total reimbursement
				each participating county will claim from the department;
5. The name, address, and phone number of a
				person designated by the boards of county commissioners to function in a plan
				development coordination capacity;
6. A statement of the purposes for which each
				participating county is interested in pursuing the creation of a multicounty
				social service district; and
7. A
				commitment by each participating county that the plan for the creation of the
				multicounty social service district will be developed by a specified date.
General Authority: NDCC
					 50-01.1-02.1
Law Implemented: NDCC
					 50-01.1-02.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-07 - Multicounty Social Service Districts › Chapter 75-07-02 - Multicounty Social Service District Plans - Reimbursement of Development Costs › Section 75-07-02-04 - Application approval

Current through Supplement No. 393, July, 2024
The department, upon receipt of a completed application and
				  within appropriations available therefor, may approve the application. The
				  aggregate reimbursements to all counties participating in an application may
				  not exceed ten thousand dollars or the estimate of total reimbursement
				  contained in the application, whichever is less.
General Authority: NDCC
					 50-01.1-02.1
Law Implemented: NDCC
					 50-01.1-02.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-07 - Multicounty Social Service Districts › Chapter 75-07-02 - Multicounty Social Service District Plans - Reimbursement of Development Costs › Section 75-07-02-05 - Disapproval or conditional approval of applications

Current through Supplement No. 393, July, 2024
Any application disapproved or conditionally approved by the
				  department, subject to the correction of deficiencies, must be returned to each
				  of the counties participating in the application with a specification of the
				  reasons for disapproval or a listing of deficiencies that must be corrected
				  prior to the receipt of unqualified approval. The department may suggest
				  appropriate corrections.
General Authority: NDCC
					 50-01.1-02.1
Law Implemented: NDCC
					 50-01.1-02.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-07 - Multicounty Social Service Districts › Chapter 75-07-02 - Multicounty Social Service District Plans - Reimbursement of Development Costs › Section 75-07-02-06 - Reimbursement by the department

Current through Supplement No. 393, July, 2024
Within the limits of legislative appropriations therefor, and
				  subject to the limitations in section
				  75-07-02-04, the department shall
				  reimburse each county participating in an approved application, upon claim
				  being made therefor by the county, for the actual costs incurred in the
				  development of a multicounty social service district plan.
General Authority: NDCC
					 50-01.1-02.1
Law Implemented: NDCC
					 50-01.1-02.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter:
1.
				"Appeal" means a request for an impartial due process hearing or an impartial
				due process hearing to resolve the issue under dispute.
2. "Assistive technology device", also
				referred to as "rehabilitation technology device", means any item, piece of
				equipment, or product system, whether acquired commercially off the shelf,
				modified, or customized, used to increase, maintain, or improve the functional
				capabilities of an individual with disabilities.
3. "Assistive technology service", also
				referred to as "rehabilitation technology service", means a service that
				directly assists an individual with a disability in the selection, acquisition,
				or use of an assistive technology device.
4. "Client assistance program" means the
				program that informs and advises an individual of all available benefits under
				the Rehabilitation Act, as amended, and, if requested, may assist and advocate
				for the individual in matters related to the division's decisions and services.
				Client assistance program services include assistance and advocacy in pursuing
				mediation, administrative, legal, or other appropriate remedies for the
				protection of the rights of an individual.
5. "Department" means the North Dakota
				department of human services.
6.
				"Division" means the vocational rehabilitation division of the
				department.
7. "Employment outcome"
				means, in a manner consistent with this chapter:
a. Entering, advancing in, or retaining
				full-time or, if appropriate, part-time competitive employment in the
				integrated labor market;
b.
				Supported employment; or
c.
				Satisfying any other type of employment in an integrated setting that is
				consistent with the individual's strengths, resources, priorities, concerns,
				abilities, capabilities, interests, and informed choice, including
				self-employment, telecommuting, and business ownership.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-02 - General requirements of the vocational rehabilitation program

Current through Supplement No. 393, July, 2024
1. The vocational
				rehabilitation program assists an eligible individual with physical or mental
				disabilities to prepare for and achieve an employment outcome. The vocational
				rehabilitation process is based upon an individualized plan for employment
				oriented to the achievement of a suitable vocational goal. An individual with
				disabilities must require the service provided to minimize and accommodate the
				impediment to employment. Services must be reasonable and provided as cost
				effectively as possible.
2. The
				division presumes that an individual will benefit in terms of an employment
				outcome from vocational rehabilitation services, unless the counselor can
				document, on the basis of clear and convincing evidence and only after trial
				work experiences, that the individual is incapable of benefiting from
				vocational rehabilitation services in terms of an employment outcome.
3. Auxiliary aids and services will be
				provided at no cost to applicants or clients when they are necessary to access
				the vocational rehabilitation program. The purpose of auxiliary aids and
				services is to provide effective communications for participants in determining
				eligibility, assessments, and plan development.
4. Unless otherwise specified in this
				chapter, eligibility to participate in the vocational rehabilitation program is
				governed by federal vocational rehabilitation statutes and the federal
				procedures embodied in the rehabilitation services administration notices and
				policy memos. The program must conform to lawfully issued regulations and
				policies of the rehabilitation services administration and the division. Terms
				used in this chapter have the same meaning as the terms used in the regulations
				and policies of the rehabilitation services administration and the division,
				unless this chapter specifically provides otherwise.
5. The division must provide services without
				regard to sex, race, creed, age, color, national origin, political affiliation,
				or type of disability.
6. There is
				no residency requirement, durational or other, that may exclude an otherwise
				eligible individual present in the state from eligibility. For individuals who
				are not United States citizens, the division must verify that the individual
				has the necessary documentation to allow them to work.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
29 USC
					 720, et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-03 - Variance

Current through Supplement No. 393, July, 2024
Upon written application and good cause shown to the
				  satisfaction of the division, the division may grant a variance from the
				  provisions of this chapter upon terms prescribed by the
				  division.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
29 USC
					 720, et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-04 - Establishment and maintenance of records

Current through Supplement No. 393, July, 2024
The division shall establish and maintain a record of service
				  for each individual applying for or receiving vocational rehabilitation
				  services. The record must include data necessary to comply with state
				  vocational rehabilitation and federal rehabilitation services administration
				  requirements.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
29 USC
					 720, et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-05 - Expenditure authorization

Current through Supplement No. 393, July, 2024
Case service expenditures require written authorization prior
				  to the initiation of services. Oral authorizations are permitted in emergency
				  situations, but must be confirmed promptly in writing.
General Authority: NDCC
					 50-06-16, 50-06.1
Law Implemented:
					 29 USC
					 720, et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-06 - Referrals to other services

Current through Supplement No. 393, July, 2024
When appropriate, counselors shall provide the referral
				  necessary to support an individual with disabilities in securing necessary
				  services from other agencies and organizations.
General Authority: NDCC
					 50-06-16, 50-06.1
Law Implemented:
					 29 USC
					 720, et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-07

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 50-06-16, 50-06.1
Law Implemented: NDCC
					 50-06.1-02,
					 50-06.1-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-08 - Confidentiality

Current through Supplement No. 393, July, 2024
All information acquired by the division about an individual
				  applying for or receiving services must remain the property of the division and
				  must only be used and released for purposes directly connected with the
				  administration of the vocational rehabilitation program. Information obtained
				  from another agency or organization may be released only by or under the
				  conditions established by the other agency or organization. The division's use
				  and release of personal information must conform with applicable state and
				  federal regulations.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-09 - Informed written consent

Current through Supplement No. 393, July, 2024
Informed written consent must:
1. Be in language that the individual or the
				individual's authorized representative understands;
2. Be signed and dated by the individual or
				the individual's authorized representative;
3. Include an expiration date;
4. Be specific in designating the department
				or person authorized to disclose information;
5. Be specific as to the nature of the
				information that may be released;
6. Be specific in designating the parties to
				whom the information may be released; and
7. Be specific as to the purpose or purposes
				for which the released information may be used.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-10 - Release of information within the department

Current through Supplement No. 393, July, 2024
Intradepartmental exchange of information may occur without
				  informed written consent when the individual is served by other divisions if
				  the information is directly related to the purpose of the vocational
				  rehabilitation program.
General Authority: NDCC
					 50-06-16, 50-06.1
Law Implemented: NDCC
					 50-06.1-02,
					 50-06.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-11 - Release of information to the individual and others

Current through Supplement No. 393, July, 2024
1. Upon informed
				written consent by the individual with disabilities or the individual's
				authorized representative, all information in the record of service must be
				made available to the individual with disabilities or the individual's
				authorized representative in a timely manner, except:
a. Medical, psychological, or other
				information the division believes may be harmful to the individual and that may
				not be released directly to the individual, and must be provided through the
				individual's authorized representative, physician, or licensed psychologist;
				and
b. Information obtained from
				outside the division that may be released only under the conditions established
				by the outside agency, organization, or provider.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-12 - Release of information for program audit, evaluation, or research

Current through Supplement No. 393, July, 2024
At the discretion of the division director, personal
				  information may be released to an organization, agency, or individual engaged
				  in program audit, program evaluation, or program research only for purposes
				  directly connected with the administration of the vocational rehabilitation
				  program or for purposes that would significantly improve the quality of life
				  for an individual with disabilities, and only if the organization, agency, or
				  individual assures that:
1. The
				information is used strictly for the purposes for which it is being
				provided;
2. The information is
				released only to an individual officially connected with the audit, evaluation,
				or research;
3. The information is
				not released to the individual involved;
4. The information is managed in a manner to
				safeguard confidentiality; and
5.
				The final product does not reveal any personal identifying information without
				the informed written consent of the individual involved or the individual's
				representative.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-13 - Subpoenas

Current through Supplement No. 393, July, 2024
An employee of the division may testify in court or in an
				  administrative hearing, but may not release information or records, without the
				  consent of the individual with disabilities, unless ordered to do so by a judge
				  or hearing officer.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-14

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 50-06-16, 50-06.1
Law Implemented: NDCC
					 50-06.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-15 - Application for services

Current through Supplement No. 393, July, 2024
All individuals desiring vocational rehabilitation services
				  must apply for services. An individual is considered to have applied for
				  services when the division receives a signed, written request for those
				  services from the individual or the individual's authorized
				  representative.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-04;
					 29 USC
					 722
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-16 - Period of time to determine eligibility

Current through Supplement No. 393, July, 2024
The division shall determine eligibility for services within
				  a reasonable period of time not to exceed sixty days after the receipt of the
				  application for services, unless:
1.
				The individual is notified that exceptional and unforeseen circumstances beyond
				the control of the counselor preclude the counselor from completing the
				determination within the prescribed time frame, and the individual agrees to a
				specific extension of time; or
2.
				The division conducts trial work experiences to explore the individual's
				abilities, capabilities, and capacity to work in various situations.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-17 - Presumption of eligibility and significant disability

Current through Supplement No. 393, July, 2024
1. An individual
				who has a disability or is blind as determined under title II or title XVI of
				the Social Security Act [
				42 U.S.C.
				301, et seq.] and who receives social
				security disability insurance benefits or supplemental security income benefits
				is presumed to be eligible for vocational rehabilitation services if the
				individual intends to achieve an employment outcome.
2. An individual who receives supplemental
				security income benefits or social security disability insurance benefits is
				presumed to have a significant disability.
3. The presumption of eligibility described
				in this section shall be overcome if the division can demonstrate by clear and
				convincing evidence that the individual cannot benefit from vocational
				rehabilitation services in terms of an employment outcome because of the
				severity of the individual's disability. The demonstration that the individual
				cannot benefit from vocational rehabilitation services may be determined only
				after conducting trial work experiences as described in section
				75-08-01-20.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-18 - Eligibility criteria and documentation

Current through Supplement No. 393, July, 2024
1. The division
				must base eligibility determinations on existing data as the primary source of
				information to the maximum extent possible and appropriate. The individual
				requesting services, the family of the individual, or other sources may provide
				the information. An individual is eligible for vocational rehabilitation if:
a. The individual has a mental or physical
				impairment;
b. The impairment
				constitutes or results in a substantial impediment to employment as determined
				by a qualified rehabilitation professional;
c. The individual can benefit from vocational
				rehabilitation services in terms of an employment outcome. An individual is
				presumed to be able to benefit from vocational rehabilitation services in terms
				of an employment outcome unless the division can demonstrate by clear and
				convincing evidence that the individual cannot benefit due to the severity of
				the disability. This demonstration that the individual cannot benefit can be
				determined only after conducting trial work experiences as described in section
				75-08-01-20; and
d. The individual
				requires vocational rehabilitation services to prepare for, secure, retain,
				advance in, or regain employment.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-19 - Eligibility criteria for supported employment

Current through Supplement No. 393, July, 2024
An individual is eligible for supported employment services
				  if:
1. The individual is eligible for
				vocational rehabilitation services;
2. The individual is determined to have a
				most significant disability; and
3. A comprehensive assessment of
				rehabilitation needs, including an evaluation of rehabilitation, career, and
				job needs identifies supported employment as the appropriate employment outcome
				for the individual.
General Authority: NDCC
					 50-06-16, 50-06.1
Law Implemented: NDCC
					 50-06.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-20 - Trial work experiences and extended evaluation

Current through Supplement No. 393, July, 2024
1. Before an
				individual can be determined ineligible due to the severity of a disability,
				the individual must receive trial work experiences and there must be a written
				trial workplan. The trial work must:
a. Be
				sufficiently varied and over a sufficient period of time to determine
				eligibility or ineligibility;
b.
				Show by clear and convincing evidence that the individual cannot benefit due to
				the severity of the disability; and
c. Include support services such as assistive
				technology or personal assistance, which must be provided by the
				division.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-21 - Ineligibility determination

Current through Supplement No. 393, July, 2024
1. The division may
				make a determination that an individual is ineligible for vocational
				rehabilitation services only after providing an opportunity for full
				consultation with the individual or the individual's representative, as
				appropriate.
2. When the division
				determines that an individual is ineligible to receive vocational
				rehabilitation services, the individual or the individual's representative
				shall be informed of the ineligibility determination in writing, supplemented
				as necessary by other appropriate modes of communication consistent with the
				informed choice of the individual, of the ineligibility determination,
				including:
a. The reasons for the
				determination; and
b. A written
				description of the means by which the individual may express and seek a remedy
				for any dissatisfaction with the determination. This includes the procedures
				for appeal as provided in section 75-08-01-37, mediation, and the client
				assistance program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-22 - Assessment for determining eligibility and vocational rehabilitation needs

Current through Supplement No. 393, July, 2024
1. An assessment
				for determining eligibility and vocational rehabilitation needs means, as
				appropriate in each case, a review of existing data to determine:
a. Whether an individual is eligible for
				vocational rehabilitation services;
b. The priority for an order of selection as
				described in section 75-08-01-23;
c. The necessity of appropriate assessment
				activities to obtain necessary additional data to make such determination and
				assignment;
d. Referral, for the
				provision of assistive technology services to the individual, to assess and
				develop the capacities of the individual to perform in a work environment;
				and
e. An exploration of the
				individual's abilities, capabilities, and capacity to perform in realistic,
				integrated work situations, which shall be assessed periodically during trial
				work experiences, including experiences in which the individual is provided
				appropriate supports and training.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-23 - Order of selection

Current through Supplement No. 393, July, 2024
1. The division
				must provide to an individual applying for services, including an individual
				receiving trial work experiences, all services necessary to determine
				eligibility for vocational rehabilitation services and an order of selection
				priority classification. The division must provide these services on a timely
				basis in accordance with federal law.
2. When the division notifies an individual
				of eligibility, the division must also notify the individual of the
				individual's priority category and right to request mediation, appeal the
				assigned category, and to utilize the client assistance program.
3. If the division cannot provide services to
				all eligible individuals who apply due to a lack of resources, an order of
				selection procedure must be implemented.
a. An
				individual receiving services under an individualized plan for employment must
				continue to receive all required services. An individual requiring or receiving
				postemployment services must be considered to be under an individualized plan
				for employment. An individual described in paragraphs 1 through 4 must be
				assigned a priority in the order in which the paragraphs are listed.
(1) Category 1a: An individual with a most
				significant disability that seriously limits four or more functional
				capacities.
(2) Category 1b: An
				individual with a most significant disability that seriously limits two or
				three functional capacities.
(3)
				Category 2: An individual with a significant disability that seriously limits
				one or more functional capacities.
(4) Category 3: Other individuals with
				disabilities.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-25 - Comparable services and benefits

Current through Supplement No. 393, July, 2024
1. Before providing
				any vocational rehabilitation service, except those listed in subsection 5, to
				an eligible individual or to members of the individual's family, the division
				must determine whether comparable services and benefits exist under any other
				program and whether the services and benefits are available to the
				individual.
2. If comparable
				services and benefits do exist and are available to the individual at the time
				needed to achieve the provisions of the individualized plan for employment,
				they must be used to meet, in whole or in part, the cost of vocational
				rehabilitation services.
3. If
				comparable services and benefits do exist but are not available to the
				individual at the time they are needed, the division shall provide the services
				until comparable services and benefits become available.
4. The use of comparable services and
				benefits does not apply if such a determination would interrupt or delay:
a. The progress of an individual toward
				achieving the employment outcome identified in the individualized plan for
				employment;
b. An immediate job
				placement; or
c. The provision of
				vocational rehabilitation services to an individual with disabilities who is at
				extreme medical risk.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-26 - Determination of financial participation

Current through Supplement No. 393, July, 2024
1. In all cases,
				the division shall encourage an individual with disabilities and the
				individual's family to financially contribute as much as possible to the cost
				of vocational rehabilitation goods and services provided as part of an
				individualized plan for employment. When available, comparable services and
				benefits must be used, as described in section 75-08-01-25, and the division
				must apply a financial participation threshold to specified vocational
				rehabilitation services. The individual's refusal to provide financial
				information will constitute the individual's not meeting the financial
				participation threshold. In that event, the individual may be unable to access
				the services without participating in the cost of such service.
a. If an individual is single, under the age
				of eighteen years, and unemancipated, the individual's income, and the income
				of the individual's parents, must be considered.
b. If an individual is single, under the age
				of eighteen years, and living with a guardian, the division shall determine
				financial participation based on the individual's income.
c. If an individual is single, eighteen years
				of age or over, but is living with a parent, the division shall determine
				financial participation based on the individual's income only.
d. If an individual is married, regardless of
				age, the division shall determine financial participation based on the income
				of the individual and the individual's spouse.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-27 - Services exempt from participation by an individual in the cost of vocational rehabilitation services

Current through Supplement No. 393, July, 2024
The division shall provide the following services without
				  regard to the financial resources available to the individual:
1. Information and referral;
2. Assessments to determine eligibility and
				priority for services except for nonassessment services provided during trial
				work experiences;
3. Assessments to
				determine vocational rehabilitation needs;
4. Counseling and guidance;
5. Interpreter services;
6. Vocational training, except at
				institutions of higher education. For example, on-the-job training, personal
				adjustment training, and supported employment training;
7. Orientation and mobility
				services;
8. Reader and notetaker
				services;
9. Placement
				services;
10. Assistive technology
				services, excluding assistive technology devices; and
11. Personal assistance services.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-28 - Services subject to participation by an individual in the cost of vocational rehabilitation services

Current through Supplement No. 393, July, 2024
The division shall apply a financial participation schedule
				  as a consideration for eligibility for the following vocational rehabilitation
				  services:
1. Physical and mental
				restoration;
2. Maintenance, unless
				required for assessment purposes;
3. Transportation, unless required for
				assessment purposes;
4. Assistive
				technology aids and devices;
5.
				Occupational licenses;
6. Tools,
				equipment, and initial stock, including livestock, supplies, and necessary
				shelters;
7. Services to members of
				an individual's family, which are necessary for the rehabilitation of the
				individual with a disability;
8.
				Telecommunications, sensory, and other technological aids and devices for
				purposes other than evaluation;
9.
				Postemployment services necessary to assist individuals in maintaining suitable
				employment, excluding services normally provided without regard to financial
				participation;
10. Home
				modifications, including adaptive devices and minor structural changes
				necessary for the individual to function independently in order to achieve a
				vocational goal;
11. Other goods
				and services for which the individual may reasonably expect to receive benefits
				in terms of the individual's employability; and
12. Higher education as described in section
				75-08-01-30.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-29 - Vocational rehabilitation services necessary to enable the individual to achieve an employment outcome

Current through Supplement No. 393, July, 2024
Consistent with the individualized plan for employment, the
				  division may provide, as appropriate to the vocational rehabilitation needs of
				  each eligible individual, goods or services necessary to enable the individual
				  to achieve an employment outcome. Services include:
1. An assessment for determining eligibility
				and vocational rehabilitation needs;
2. Counseling, guidance, and work-related
				placement services for an individual with disabilities, including job search
				assistance, placement assistance, job retention services, personal assistance
				services, and followup;
3. Physical
				and mental restoration services necessary to correct or modify the physical or
				mental condition of an individual who is stable or slowly progressive. In the
				purchase of medical goods or services, the division shall comply with the
				prevailing medical assistance fee schedule, except for certain diagnostic
				services that Medicaid excludes;
4.
				Home modifications that may include those adaptive devices and minor structural
				changes necessary for the individual with disabilities to function
				independently in order to achieve a vocational goal. Funds for home
				modifications may not be applied to the purchase or construction of a new
				residence;
5. Vocational and other
				training services, including:
a. Personal and
				vocational adjustment training;
b.
				Correspondence courses; and
c.
				Services to the individual's family that are necessary to the personal and
				vocational adjustment or rehabilitation of the individual;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-30 - Postsecondary training

Current through Supplement No. 393, July, 2024
If an individual receives postsecondary training, the
				  following conditions apply:
1. The
				division may not provide postsecondary training unless maximum efforts have
				been made to secure grant assistance in whole, or in part, from other
				sources;
2. The division's
				participation shall not be calculated until the institution's financial aid
				office needs analysis has been received. The financial needs analysis award
				letter must identify all available aid;
3. An individual must accept all offered
				grant assistance;
4. An individual
				may choose to participate in the cost of attendance through the use of college
				work study and student loans;
5.
				The division may not participate in payment for postsecondary training if the
				individual is in default status, or is ineligible for financial aid due to a
				drug conviction or drug convictions as determined by free application for
				federal student aid (FAFSA) regulations;
6. Comparable benefits must be used for the
				following services:
a. Interpreter services
				and note-taking services for an individual who is deaf, including tactile
				interpreting for an individual who is deaf and blind;
b. Reader services, rehabilitation teaching
				services, note-taking services, and orientation and mobility services;
				and
c. Telecommunications, sensory,
				and other technological aids and devices;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-31 - On-the-job training

Current through Supplement No. 393, July, 2024
When the division provides on-the-job training, there must be
				  a written agreement among the individual, counselor, and employer. The
				  agreement must state the areas of training, the hourly wage which must comply
				  with state and federal wage and hour laws, responsibility for workers'
				  compensation coverage, expected results of the training, and any other
				  conditions of employment.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-32 - Closure due to ineligibility

Current through Supplement No. 393, July, 2024
1. The division
				shall close the individual's case as ineligible if the individual has no
				disability, no substantial impediment to employment, or does not require
				services to achieve an employment outcome. Closure for ineligibility under
				these circumstances requires:
a. The
				opportunity for the individual or the individual's representative to
				participate in the closure decision;
b. Written notification of the closure
				decision and reasons for the decision;
c. Written notification of mediation, appeal
				rights, and informal review, including the name and address of the division's
				chief of field services with whom an appeal may be filed, and written
				notification of the availability of and how to contact the client assistance
				program;
d. An individualized plan
				for employment amendment if appropriate;
e. Documentation of ineligibility in the
				record of service that identifies the reasons for closure, dated and signed by
				a qualified rehabilitation professional employed by the division; and
f. Referral to other agencies and community
				rehabilitation programs as appropriate.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-33 - Closure for reasons other than ineligibility

Current through Supplement No. 393, July, 2024
The division shall close a case when an individual is
				  unavailable during an extended period of time for an assessment to determine
				  eligibility and vocational rehabilitation needs or when an individual is
				  unavailable for an extended period to participate in planned vocational
				  rehabilitation services. The division shall make good-faith efforts to contact
				  the individual and to encourage the individual's participation. Closure under
				  these circumstances requires:
1.
				Documentation of the rationale for closure in the record of service;
2. Written notification of the closure
				decision;
3. Written notification
				of mediation, appeal rights, and informal review, including the name and
				address of the division's chief of field services with whom an appeal may be
				filed, and written notification of the availability of and how to contact the
				client assistance program; and
4.
				An individualized plan for employment amendment if appropriate.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-34 - Closure for an individual determined to be rehabilitated

Current through Supplement No. 393, July, 2024
1. An individual is
				determined to be rehabilitated if the individual has maintained suitable
				employment for at least ninety calendar days. The individual's record of
				service must contain documentation that the division has:
a. Determined that the individual is
				eligible;
b. Provided an assessment
				for eligibility and determination of vocational rehabilitation needs;
c. Provided counseling and
				guidance;
d. Provided appropriate
				and substantial vocational rehabilitation services in accordance with the
				individualized plan for employment;
e. Determined that the individual has
				maintained suitable employment for at least ninety calendar days and that the
				individual and counselor view the employment and the individual's performance
				in that employment as satisfactory;
f. Determined that the employment is in an
				integrated setting;
g. Provided an
				opportunity for the individual's involvement in the closure decision;
h. Reassessed the need for and informed the
				individual of the purpose and availability of postemployment services, when
				necessary; and
i. Provided written
				notification of mediation, appeal rights, and informal review, including the
				name and address of the division's chief of field services with whom an appeal
				may be filed, and written notification of the availability of and how to
				contact the client assistance program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-35 - Annual review of individuals compensated below federal minimum wage

Current through Supplement No. 393, July, 2024
If an individual achieves an employment outcome in which the
				  individual is compensated in accordance with section 14(c) of the Fair Labor
				  Standards Act [
				  29 U.S.C.
				  214(c) ] or the division
				  closes the record of services of an individual in extended employment on the
				  basis the individual is unable to achieve an employment outcome due to severity
				  of the individual's disabilities, the division shall document the results of
				  semiannual and annual reviews of the individual's progress and interest to
				  obtain employment at or above the federal minimum wage.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-36 - Pre-employment transition services

Current through Supplement No. 393, July, 2024
The division shall provide or make available the following
				  pre-employment transition services:
1.
				Job exploration counseling;
2.
				Work-based learning experiences, which may include in-school or after school
				opportunities, or experience outside the traditional school setting, which is
				provided in an integrated environment in the community to the maximum extent
				possible;
3. Counseling on
				opportunities for enrollment in comprehensive transition or postsecondary
				educational programs at institutions of higher education;
4. Workplace readiness training to develop
				social skills and independent living; and
5. Instruction in self-advocacy, which may
				include peer mentoring.
General Authority:
NDCC
					 50-06-16,
					 50-06.1
Law Implemented:
NDCC
					 50-06.1-02,
					 50-06.1-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-08 - Vocational Rehabilitation › Chapter 75-08-01 - Vocational Rehabilitation › Section 75-08-01-37 - Vocational rehabilitation determinations - Administrative review procedures - Appeals

Current through Supplement No. 393, July, 2024
1. As used in this
				section:
a. "Claimant" means an applicant or
				eligible individual who is dissatisfied with any determination made by the
				division that effects the provisions of vocational rehabilitation services and
				who has made a timely request for review of the determination.
b. "Party" or "parties" refers to the
				division and to a claimant.
c.
				"Request for review" means a request for informal review, mediation, or an
				appeal under this section.