North Dakota Administrative Code

Upon written application and good cause shown to the satisfaction of the division, the division may grant a variance from the provisions of this chapter upon terms prescribed by the division. History: Effective October 1, 1995; amended effective November 1, 2002; January 1, 2019.…

The division shall establish and maintain a record of service for each individual applying for or receiving vocational rehabilitation services. The record must include data necessary to comply with state vocational rehabilitation and federal rehabilitation services administration…

Case service expenditures require written authorization prior to the initiation of services. Oral authorizations are permitted in emergency situations, but must be confirmed promptly in writing. History: Effective October 1, 1995; amended effective November 1, 2002. General Autho…

When appropriate, counselors shall provide the referral necessary to support an individual with disabilities in securing necessary services from other agencies and organizations. 6 History: Effective October 1, 1995. General Authority: NDCC 50-06-16, 50-06.1 Law Implemented: 29 U…

Repealed effective January 1, 2019.

All information acquired by the division about an individual applying for or receiving services must remain the property of the division and must only be used and released for purposes directly connected with the administration of the vocational rehabilitation program. Informatio…

Informed written consent must: 1. Be in language that the individual or the individual's authorized representative understands; 2. Be signed and dated by the individual or the individual's authorized representative; 3. Include an expiration date; 4. Be specific in designating the…

Intradepartmental exchange of information may occur without informed written consent when the individual is served by other divisions if the information is directly related to the purpose of the vocational rehabilitation program. History: Effective October 1, 1995; amended effect…

1. Upon informed written consent by the individual with disabilities or the individual's authorized representative, all information in the record of service must be made available to the individual with disabilities or the individual's authorized representative in a timely manner…

At the discretion of the division director, personal information may be released to an organization, agency, or individual engaged in program audit, program evaluation, or program research only for purposes directly connected with the administration of the vocational rehabilitati…

An employee of the division may testify in court or in an administrative hearing, but may not release information or records, without the consent of the individual with disabilities, unless ordered to do so by a judge or hearing officer. History: Effective October 1, 1995; amende…

Repealed effective January 1, 2019.

All individuals desiring vocational rehabilitation services must apply for services. An individual is considered to have applied for services when the division receives a signed, written request for those services from the individual or the individual's authorized representative.…

The division shall determine eligibility for services within a reasonable period of time not to exceed sixty days after the receipt of the application for services, unless: 1. The individual is notified that exceptional and unforeseen circumstances beyond the control of the couns…

1. An individual who has a disability or is blind as determined under title II or title XVI of the Social Security Act [42 U.S.C. 301, et seq.] and who receives social security disability insurance benefits or supplemental security income benefits is presumed to be eligible for v…

1. The division must base eligibility determinations on existing data as the primary source of information to the maximum extent possible and appropriate. The individual requesting services, the family of the individual, or other sources may provide the information. An individual…

An individual is eligible for supported employment services if: 1. The individual is eligible for vocational rehabilitation services; 2. The individual is determined to have a most significant disability; and 3. A comprehensive assessment of rehabilitation needs, including an eva…

1. Before an individual can be determined ineligible due to the severity of a disability, the individual must receive trial work experiences and there must be a written trial workplan. The trial work must: a. Be sufficiently varied and over a sufficient period of time to determin…

1. The division may make a determination that an individual is ineligible for vocational rehabilitation services only after providing an opportunity for full consultation with the individual or the individual's representative, as appropriate. 2. When the division determines that …

1. An assessment for determining eligibility and vocational rehabilitation needs means, as appropriate in each case, a review of existing data to determine: a. Whether an individual is eligible for vocational rehabilitation services; b. The priority for an order of selection as d…

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 mu…

An individualized plan for employment is developed for all individuals who are determined eligible for vocational rehabilitation. 1. Prior to developing the individualized plan for employment, the division must give the individual a written copy of the options for developing the …

1. Before providing any vocational rehabilitation service, except those listed in subsection 5, to an eligible individual or to members of the individual's family, the division must determine whether comparable services and benefits exist under any other program and whether the s…

1. In all cases, the division shall encourage an individual with disabilities and the individual's family to financially contribute as much as possible to the cost of vocational rehabilitation goods and services provided as part of an individualized plan for employment. When avai…

rehabilitation services. The division shall provide the following services without regard to the financial resources available to the individual: 1. Information and referral; 2. Assessments to determine eligibility and priority for services except for nonassessment services provi…

rehabilitation services. The division shall apply a financial participation schedule as a consideration for eligibility for the following vocational rehabilitation services: 1. Physical and mental restoration; 2. Maintenance, unless required for assessment purposes; 3. Transporta…

an employment outcome. Consistent with the individualized plan for employment, the division may provide, as appropriate to the vocational rehabilitation needs of each eligible individual, goods or services necessary to enable the individual to achieve an employment outcome. Servi…

If an individual receives postsecondary training, the following conditions apply: 1. The division may not provide postsecondary training unless maximum efforts have been made to secure grant assistance in whole, or in part, from other sources; 2. The division's participation shal…

When the division provides on-the-job training, there must be a written agreement among the individual, counselor, and employer. The agreement must state the areas of training, the hourly wage 21 which must comply with state and federal wage and hour laws, responsibility for work…

1. The division shall close the individual's case as ineligible if the individual has no disability, no substantial impediment to employment, or does not require services to achieve an employment outcome. Closure for ineligibility under these circumstances requires: a. The opport…

The division shall close a case when an individual is unavailable during an extended period of time for an assessment to determine eligibility and vocational rehabilitation needs or when an individual is unavailable for an extended period to participate in planned vocational reha…

1. An individual is determined to be rehabilitated if the individual has maintained suitable employment for at least ninety calendar days. The individual's record of service must contain documentation that the division has: a. Determined that the individual is eligible; b. Provid…

lf an individual achieves an employment outcome in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act [29 U.S.C. 214(c)] or the division closes the record of services of an individual in extended employment on the basis the indivi…

The division shall provide or make available the following pre-employment transition services: 1. Job exploration counseling; 2. Work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting, which…

Appeals. 1. As used in this section: 24 a. "Claimant" means an applicant or eligible individual who is dissatisfied with any determination made by the division that effects the provisions of vocational rehabilitation services and who has made a timely request for review of the de…

As used in chapters 75-09.1-01, 75-09.1-02, 75-09.1-02.1, 75-09.1-03, 75-09.1-03.1, 75-09.1-04, 75-09.1-04.1, 75-09.1-05, 75-09.1-05.1, 75-09.1-06, 75-09.1-06.1, 75-09.1-07, 75-09.1-07.1, and 75-09.1-08: 1. "ASAM patient placement criteria" means the third edition, revised, of th…

1. A program must submit to the department an application for a license in the form and manner prescribed by the department. 2. The department will consider an application complete when it has received all required information and documents. 3. The department may declare an appli…

1. Provisional license. a. Upon approval of an application, the department may issue a provisional license for the operation of a program. b. A provisional license is in effect for the period specified in the license not to exceed one year from the date of issuance. c. Prior to c…

1. Within thirty days of an onsite review of a program, the department must send a license report to the program that was reviewed. 2. A license report must contain a description of the programs and services reviewed, strengths, concerns, recommendations, and a description of any…

1. A program shall identify to the department an individual or entity that is responsible for the conduct of the program. 2. A program shall implement a written policy governing the operation of services including admission procedures, discharge procedures, client grievance proce…

1. A program must collect data as prescribed by the department, including information necessary for federal and state grant statistical requirements and fiscal information such as fee structure. 2. A program must apply appropriate safeguards to protect client records regardless o…

1. A program shall employ sufficient and qualified staff members to meet the needs of the clients. 2. A program shall have a written policy regarding how it verifies the background, qualifications, and credentials of staff members, volunteers, and consultants, and how it acts upo…

1. When fees for services are charged, a program shall have an established schedule of fees that is available in printed form and is applied equitably to all clients. 2. A program shall implement a policy that prohibits fee splitting with other programs, agencies, entities, or in…

1. All locations owned, rented, leased, or occupied by a program must meet standards of the state fire marshal or an equivalent code or provide a letter from the inspecting authority stating that an inspection was not done and the reason why. 2. A program shall provide suitable l…

1. A program shall maintain health and safety policies and procedures. 2. A program shall implement a written emergency plan that addresses provisions for dealing with bomb threats, fires, medical emergencies, natural disasters, and power failures. 3. A program shall make readily…

1. A program shall implement a written infection control policy that complies with all applicable laws and regulations. The program must review this written policy at least annually and at any other times as necessary. The policy must provide screening or referral procedures and …

If a program provides client transportation services, whether by volunteers or by contract, the program shall provide evidence to the department that the program maintains state minimum liability insurance coverage and that any employee who provides transportation has a current a…

1. A program shall implement written criteria for client admission for each of the program's levels of care based on the DSM and the ASAM patient placement criteria and policies for client admission. 2. A program shall implement a written policy for orientation of the client and …

1. When conducting an assessment, a program shall administer instruments or conduct clinical interviews or both sufficient to gather enough information to substantiate or rule out a client's diagnosis. 2. An assessment must include adequate assessment in at least each of the foll…

1. A program shall implement policies that ensure the services provided to each client are coordinated and integrated and address goals that reflect the client's informed choice. 2. A program shall develop, with each client's participation, a comprehensive, coordinated, individua…