WAC 67-25-280   Individualized plan for employment -- Termination due to ineligibility.  (1) The services under an individualized plan for employment shall be terminated if it is determined, based on clear and convincing evidence in accordance with WAC 67-25-065, that the individual is incapable of achieving an employment outcome and is therefore no longer eligible for vocational rehabilitation services.

     (2) A decision to terminate the plan shall only be made with participation of the customer, or as appropriate, the individual's representative.

     (3) The views of the customer, or the individual's representative, concerning the decision shall be documented in the plan.

     (4) Rationale for the decision must be documented as part of the plan including any assessment results from a trial work experience or extended evaluation in accordance with WAC 67-25-065 and 67-25-070.

     (5) When a customer is determined ineligible for vocational rehabilitation services, there shall be a written notification dated and signed by the vocational rehabilitation counselor placed in the customer's case service record, and a copy shall be provided to the customer or to the individual's representative.

     (6) The customer shall be notified of the opportunity for review and reconsideration of the decision in accordance with WAC 67-25-056.

     (7) The individual will be provided with a description of services and a referral to other programs available from the statewide workforce investment system, including information about services available at a local WorkSource center, that may address the individual's training or employment related needs, and will be referred to local extended employment providers if the ineligibility determination is based on a finding that the individual is incapable of achieving an employment outcome.

     (8) Upon termination, the customer, or as appropriate, the individual's representative, will be informed in writing, using appropriate modes of communication and the individual's native language if necessary, of the right to appeal any eligibility decision made by the department on his or her behalf through mediation and fair hearing in accordance with WAC 67-25-570. The customer shall also be provided information on services available from the client assistance program.



[Statutory Authority: Chapter 74.18 RCW. 05-08-097, § 67-25-280, filed 4/4/05, effective 5/5/05. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-280, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-280, filed 12/15/83. Formerly WAC 67-20-280.]