Page:United States Statutes at Large Volume 112 Part 2.djvu/256

 112 STAT. 1140 PUBLIC LAW 105-220—AUG. 7, 1998 "(ii) to the extent that such data is unavailable or insufficient for determining eligibility, the provision of assessment activities described in section 7(2)(A)(ii). "(5) DETERMINATION OF INELIGIBILITY. — If an individual who applies for services under this title is determined, based on the review of existing data and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), not to be eligible for the services, or if an eligible individual receiving services under an individualized plan for employment is determined to be no longer eligible for the services— "(A) the ineligibility determination involved shall be made only after providing an opportunity for full consultation with the individual or, as appropriate, the individual's representative; "(B) 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— "(i) the reasons for the determination; and "(ii) 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 under subsection (c); "(C) the individual shall be provided with a description of services available from the client assistance program under section 112 and information on how to contact that program; and "(D) any ineligibility determination that is based on a finding that the individual is incapable of benefiting in terms of an employment outcome shall be reviewed— "(i) within 12 months; and "(ii) thereafter, if such a review is requested by the individual or, if appropriate, by the individual's representative. " (6) TIMEFRAME FOR MAKING AN ELIGIBILITY DETERMINA- TION. —The designated State unit shall determine whether an individual is eligible for vocational rehabilitation services under this title within a reasonable period of time, not to exceed 60 days, after the individual has submitted an application for the services unless— "(A) exceptional and unforeseen circumstances beyond the control of the designated State unit preclude m£Jdng an eligibility determination within 60 days and the designated State unit and the individual agree to a specific extension of time; or "(B) the designated State unit is exploring an individual's abilities, capabilities, and capacity to perform in work situations under paragraph (2)(B). " (b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN FOR EMPLOY- MENT. — " (1) OPTIONS FOR DEVELOPING AN INDIVIDUALIZED PLAN FOR EMPLOYMENT.— I f an individual is determined to be eligible for vocational rehabilitation services as described in subsection (a), the designated State unit shall complete the assessment for determining eligibility and vocational rehabilitation needs,

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