New Mexico Administrative Code

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

State Board of Education

A. DVR shall employ sufficient number of staff with appropriate qualifications to carry out all functions required, including program planning and evaluation, staff development, rehabilitation facility development and utilization, medical consultation, and rehabilitation counseli…

A. DVR shall develop and administer a state plan and a related strategic plan for vocational rehabilitation services which are effective for all political subdivisions, except in the case of any activity of demonstration projects or special initiatives likely to assist groups of …

DVR shall establish a state rehabilitation advisory council, seek and consider the advice of the council, and transmit to the council: all plans, reports, and other information required to be submitted to the commissioner of the rehabilitation services administration; all policie…

A. DVR will provide for the establishment and maintenance of information and referral programs (the staff of which shall include, to the maximum extent feasible, interpreters for individuals who are deaf) in sufficient numbers to assure that individuals with disabilities within t…

A. DVR will enter into appropriate cooperative arrangements with, and utilize the services and facilities of, federal, state, and other governmental agencies administering programs related to the rehabilitation of handicapped individuals to ensure that clients with disabilities r…

A. DVR will maximally utilize public or other vocational or technical training programs or other appropriate resources in the community; and, as appropriate, enter into agreements with the operators of community rehabilitation programs for the provision of services for the rehabi…

DVR shall maintain a case record for each applicant for, and recipient of, vocational rehabilitation services.

DVR shall authorize vocational rehabilitation services for individuals with disabilities in writing prior to providing such services. In emergency situations, DVR may make verbal authorization for vocational rehabilitation services, issuing prompt written authorization to the ser…

DVR shall safeguard confidentiality of personal information about applicants for and recipients of vocational rehabilitation services.

Statements of fact or law by employees of DVR shall not estop DVR from acting in accordance with federal and state laws and regulations.

The provisions of this regulation apply to: persons served by DVR; commercial and non-profit organizations that are either certified by DVR to provide vocational rehabilitation services or employed as its contractual agent; and those state and local governmental agencies which ha…

DVR shall determine eligibility of applicants for services without regard to: A. Sex, race, creed, religion, age, color, or national origin; B. Upper or lower age limits if they result by themselves in a finding of ineligibility for any applicant who otherwise meets the basic eli…

A. An individual is eligible for assistance for vocational rehabilitation services if the individual: (1) has a physical or mental impairment which, for the individual, constitutes or results in a substantial impediment to employment; and (2) can benefit in terms of an employment…

A. There is a presumption that an individual can benefit in terms of an employment outcome from vocational rehabilitation services. Thus, all individuals applying for vocational rehabilitation services are presumed to be able to benefit in terms of an employment outcome from voca…

A. DVR shall determine whether an individual is eligible for vocational rehabilitation services within 60 days after the individual has submitted an application to receive services. B. DVR may extend the 60 day limit for determining eligibility if: (1) DVR notifies the individual…

A. The counselor assigned by DVR shall review existing data: (1) To determine whether an individual is eligible for vocational rehabilitation services; and (2) To assign the priority of the individual for order of selection (if and when an order of selection is in force). B. If e…

When an applicant is determined eligible for vocational rehabilitation services, the counselor assigned by DVR shall prepare a signed and dated statement to this effect. Such a statement is prepared only after consultation with the individual, or, as appropriate, his parent, fami…

A. Any of the following reasons may constitute the basis for a determination of ineligibility: (1) no impairment exists; (2) an impairment exists; however, there is no clear evidence that it has resulted in a substantial impediment to employment; (3) the individual cannot benefit…

When the counselor assigned by DVR is unable to make a determination that vocational rehabilitation services are required for an applicant in terms of employment outcome unless there is an extended evaluation to determine rehabilitation potential, the counselor shall make a signe…

A. DVR provides vocational rehabilitation services under extended evaluation to determine eligibility based upon:(1) The presence of a physical or mental impairment which for the individual constitutes or results in a substantial impediment to employment; and (2) An inability to …

A. When an individual is determined eligible or ineligible for vocational rehabilitation services, DVR shall notify the individual in writing of the determination. DVR shall specify: (1) The reasons for such a determination; (2) The rights and remedies available to the individual…

This regulation is adopted pursuant to Section 22-14-8 NMSA 1978.

[RESERVED]

A. Once an individual is determined eligible for vocational rehabilitation services and to the extent necessary, DVR shall provide a comprehensive assessment of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, to dete…

A. The counselor assigned by DVR shall initiate and periodically update an individualized written rehabilitation program for each individual determined to be: (1) In need of an extended evaluation to determine eligibility for vocational rehabilitation services; or (2) Eligible fo…

At a minimum, each individualized written rehabilitation program shall contain: A. A statement of the long-term appropriate vocational goal; B. A statement of the intermediate objectives related to the attainment of the long-term goal, including the specific vocational rehabilita…

A. The counselor assigned by DVR shall review the individualized rehabilitation program with the individual annually, affording the individual or the individual's authorized representative an opportunity to review the individual's program and jointly re-develop the program and ag…

The counselor assigned by DVR shall request an individual with available financial resources to participate in the cost of his vocational rehabilitation services and shall negotiate the extent of that participation for all vocational rehabilitation services other than: A. Assessm…

Prior to initiation of vocational rehabilitation services through an individualized written rehabilitation program, the counselor assigned by DVR shall determine the availability of comparable services and benefits to an individual, except when the determination: A. Would delay t…

A. DVR shall utilize comparable services and benefits determined to be available as appropriate in the provision of all vocational rehabilitation services to an individual or the individual's family members, except for the following services: (1) assessment for determining eligib…

Permanent

A. Vocational rehabilitation services provided by DVR are any goods or services necessary to render an individual with a disability employable, including, but not limited to, the following: (1) An assessment for determining eligibility and vocational rehabilitation needs by quali…

A. DVR shall: (1) make its programs accessible to individuals with disabilities, ensuring all offices are physically accessible and reasonable accommodations are made to enable individuals with disabilities to take advantage of DVR services; (2) ensure that individuals with disab…

An individual applying for or a recipient of vocational rehabilitation services must: A. be available for assessment and vocational rehabilitation services for an indefinite or considerable period of time; B. be responsive to DVR correspondence or telephone calls; and C. accept, …

A. The counselor assigned by DVR may close a case prior to or subsequent to provision of vocational rehabilitation services either because the individual: (1) did not meet or did not continue to meet the eligibility criteria; (2) was unavailable for assessment and vocational reha…

A. After an individual has filed an application for services, DVR shall provide written notification whenever that individual's case is closed. B. Written notification shall include any required amendment to the individualized written rehabilitation program and further specify: (…

A. DVR shall provide specific post-employment services necessary to assist individuals rehabilitated through vocational rehabilitation services to maintain, regain, or advance in employment. B. Required services must be related to the original plan and disability. If not, the div…

December 31, 1998

This regulation governs the administration of laws relating to vocational rehabilitation services. The purpose of DVR is to empower individuals with disabilities to maximize their employment, economic self-sufficiency, independence, and inclusion and integration into society; and…