22VAC45-51-30. Processing referrals and application

A. DBVI has established and implemented standards for the prompt and equitable handling of applications of individuals for vocational rehabilitation services. These standards include timelines for making good faith efforts to inform individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services.

1. An individual shall be considered to have submitted an application for vocational rehabilitation services from DBVI when the individual or the individual's representative, as appropriate:

a. Has completed and signed a DBVI vocational rehabilitation services application form, which is available at the six DBVI regional offices, DBVI headquarters, and on the DBVI website;

b. Has completed a common intake application form in a one-stop center requesting vocational rehabilitation services; or

c. Has otherwise requested vocational rehabilitation services from DBVI;

2. Has provided to DBVI information necessary to initiate an assessment to determine eligibility and priority for vocational rehabilitation services; and

3. Is available to complete the assessment process.

B. Once an individual has submitted an application for vocational rehabilitation services, including applications made through common intake procedures in one-stop centers established under § 121 of the Workforce Innovation and Opportunity Act of 2014, an eligibility determination shall be made within 60 days, unless (i) exceptional and unforeseen circumstances beyond the control of DBVI preclude making a determination within 60 days, and DBVI and the individual agree to a specific extension of time or (ii) an exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with 22VAC45-51-40 or, if appropriate, an extended evaluation is necessary.