NDAC 75-08-01-02
General requirements of the vocational rehabilitation program
Cite as N.D. Admin. Code ยง 75-08-01-02
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.