R 395.64 Ineligibility.

Rule 14. (1) In all cases where the counselor determines that an individual does not meet the requirements for eligibility, the case record shall include a certification of ineligibility. (2) The certification shall be signed and dated by the counselor and include documentation of the reasons for the ineligibility determination. (3) Ineligibility decisions concerning the severity of a disability must be based on clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome due to the severity of the individual’s disability as of the date of the determination, and require the counselor to explore the individual’s abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences. The ineligibility determination shall be both of the following: (a) An individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities. (b) Made only after providing an opportunity for full consultation with the individual or, as appropriate, the individual’s representative. (4) The individual, or as appropriate, the individual’s representative, shall be informed in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, including the clear and convincing evidence that forms the basis for the determination of ineligibility, including both of the following: (a) The reasons for the determination. (b) A description of the means by which the individual may express, and seek a remedy for, any dissatisfaction with the determination, including the procedures for review by an impartial hearing officer.