NDAC 75-08-01-23
Order of selection
Cite as N.D. Admin. Code ยง 75-08-01-23
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.
b.
An eligible individual who is not in a priority category that is being served will have
access to services provided through information and referral.