Washington Administrative Code

The department may audit county reimbursement claims at the department's discretion.[WSR 99-21-002, recodified as § 388-885-040, filed 10/6/99, effective 10/6/99. Statutory Authority: RCW 43.20A.050. WSR 91-21-027 (Order 3263), § 275-156-040, filed 10/8/91, effective 11/8/91.]

This chapter explains the types of vocational rehabilitation (VR) services available to individuals who are eligible through the department of social and health services (DSHS), division of vocational rehabilitation (DVR).VR services are offered to assist individuals with disabil…

The following definitions apply to this chapter:(1) "Comparable services and benefits" means services and benefits, including accommodations and auxiliary aids and services, that are:(a) Provided for, in whole or in part, by other federal, state, or local public agencies, health …

DVR keeps information regarding your eligibility and the services that you have received as required by federal and state laws and regulations. The kind of information that DVR keeps on file depends on your case status as follows:(1) For an applicant or individual who has been de…

DVR keeps a case service record while you are receiving services and for at least six years after closing your case service record. After six years, DVR may destroy the closed case service record.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12…

(1) DVR may obtain information about you to help us better understand your disabilities, barriers to employment, abilities, interests, and needs for VR services and to coordinate DVR services with the services you receive from other agencies and programs. With your written consen…

DVR safeguards the information it collects and stores.(1) DVR notifies you if it becomes aware that your protected information has been lost, stolen, or released in error.(2) When your information has been released in error, DVR will make maximum efforts to recover your informati…

If DVR receives information that indicates you have a history of violent or predatory behavior, DVR staff will discuss that history with you. DVR will ask that you consent to release information about this behavioral history to a potential service provider or potential employer p…

You may ask DVR to correct information in your case service record that you believe is incorrect.(1) If DVR agrees with the correction, DVR corrects the information and documents any correction made.(2) If DVR disagrees that the information is incorrect, DVR will:(a) Notify you o…

(1) DVR may share personal information with others if you sign a written consent or authorization giving permission to release or exchange the information, and:(a) Another organization or program involved in your VR services needs specific information to serve you effectively; or…

(1) DVR uses special protections when you share personal information about substance abuse, HIV/AIDS, or sexually transmitted diseases.(2) DVR asks for your specific permission to copy information of this nature before sharing it with a service provider or organization that is he…

(1) You may review or obtain copies of information contained in your case service record by submitting a request to DVR. DVR provides access to or provides copies of records upon request, except in one or more of the following circumstances:(a) If DVR believes providing the medic…

DVR may release personal information for audit, evaluation for program purposes, fulfilling reporting requirements, or research if the results would improve the quality of life or VR services for people with disabilities. When DVR has obtained personal information from another or…

Your chosen representative, legal guardian, or court-appointed representative may act on your behalf when you would like to request an exception to a rule, mediation, or fair hearing.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12-035, § 388-8…

(1) You may ask DVR staff to assist you in requesting an exception to a rule. They will help you to write and submit a request.(2) When you make a request for an exception to a rule in this chapter, you must submit it to the DVR director or designee in writing. The request must i…

DVR will not grant an exception to the following rules in this chapter:(1) Rules requiring compliance with state or federal laws and regulations that DVR does not have the authority to change;(2) Rules describing the services and activities that DVR must not pay for or support, i…

(1) After receiving your request for an exception to a rule, the DVR director or designee decides whether to approve the request based on:(a) The impact of the exception on accountability, efficiency, choice, satisfaction, and quality of services;(b) The degree to which your requ…

(1) If a DVR counselor makes a decision to deny your request for a VR service, reasonable accommodation, or any other request that affects your participation in the VR program, including your participation in pre-employment transition services, the DVR counselor responds to you o…

(1) If a DVR counselor makes a decision that affects the VR services provided to you as an applicant or recipient of services with which you do not agree, you may try to resolve the disagreement by any one or more of the following:(a) Seek assistance from the client assistance pr…

(1) The client assistance program (CAP) is a program independent of DVR that offers information and advocacy regarding your rights as a DVR customer and offers assistance to help you receive services.(2) You may ask for help or information from CAP at any time during the rehabili…

(1) Mediation is a process in which a trained mediator conducts a meeting with you and DVR representative, usually your DVR counselor, to help you settle a disagreement.(a) The mediator does not work for DVR.(b) The mediator does not make decisions about your case.(c) Mediation i…

(1) You may ask for mediation any time you disagree with a decision DVR makes that affects the VR services that DVR provides to you.(2) DVR will not use mediation to deny or delay your right to a fair hearing.(3) You may request both mediation and a fair hearing at the same time.…

(1) DVR will schedule mediation in a timely manner at a location that is convenient to all parties.(2) DVR will pay for costs related to mediation, except costs related to a representative or attorney you ask to attend.(3) DVR may pay for the VR services you require to participat…

(1) Discussions during mediation are confidential and must not be used in a later fair hearing or civil proceeding, if one is held.(2) Before beginning a mediation session, all parties must sign a statement of confidentiality.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., …

If you and the DVR representative reach an agreement during mediation:(1) The agreement is documented in writing;(2) You and the DVR representative sign the written agreement; and(3) DVR provides you with a copy of the agreement.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R…

(1) A fair hearing is a review process outlined under the Administrative Procedure Act, chapter 34.05 RCW and chapter 388-02 WAC that is conducted by an administrative law judge who works for the office of administrative hearings.(2) During a fair hearing, both you and DVR may pr…

(1) To ask for a fair hearing, send a written request to the office of administrative hearings. You must include the following information in your written request:(a) Your name, address, and telephone number;(b) The name of the DSHS program that the fair hearing involves (such as…

The office of administrative hearings holds a fair hearing within sixty days of receipt of your written request for a hearing, unless you or DVR ask for a later hearing date and the office of administrative hearings determines there is a reasonable cause for the delay.[Statutory …

After you submit a request for a fair hearing, DVR offers you a prehearing meeting. The prehearing meeting may be conducted in person, by telephone, or by another method agreeable to all parties. The purpose of the prehearing meeting is to:(1) Clarify the decision with which you …

The office of administrative hearings sends you a written report of the findings and decision within thirty days of the fair hearing.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12-035, § 388-891A-0270, filed 5/29/18, effective 6/30/18.]

(1) The office of administrative hearings decision is final and DVR must implement the decision.(2) If you do not agree with the office of administrative hearings decision, you may pursue civil action through superior court to review that decision.[Statutory Authority: RCW 74.29.…

DVR must not suspend, reduce, or terminate agreed upon services if you have requested a fair hearing, unless DVR provides evidence that you provided false information or committed fraud or other criminal acts related to your receipt of VR services.[Statutory Authority: RCW 74.29.…

(1) Informed choice is the process by which an individual receiving services from DVR makes decisions about VR goals, VR services, and the service providers necessary to reach those goals. The decision-making process takes into account your culture, values, lifestyle, and charact…

DVR supports the informed choice process by providing counseling and guidance, information, and support to help you make choices that match your unique strengths, resources, priorities, concerns, abilities, capabilities, and interests, including:(1) Explaining what choices you ca…

DVR explains how to use informed choice to make decisions about VR goals and services. If it is difficult for you to make informed choices, DVR can help you understand the options available and choose the one that meets your needs.[Statutory Authority: RCW 74.29.020(8) and 34 C.F…

You have the right to make informed choices about VR goals and services, including but not limited to:(1) The providers you will work with and activities you will participate in related to pre-employment transition services;(2) The assessment services and service provider(s) you …

To support you in making an informed choice about services and providers, DVR will help you get the following information, to the extent the information is both available and appropriate:(1) Cost, accessibility, and duration of services;(2) Consumer satisfaction with those servic…

Any individual who intends to achieve an employment outcome may apply for VR services.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12-035, § 388-891A-0400, filed 5/29/18, effective 6/30/18.]

You may select someone to act as your representative, as appropriate, while participating in the VR program.(1) If your representative is not a legal guardian or a court-appointed representative, you must sign a consent form allowing the representative to communicate with DVR on …

You have completed the application requirements for VR services when you:(1) Have provided information needed to begin an assessment of eligibility and priority for services;(2) Are available to participate in assessment services necessary to determine if you are eligible for VR …

If you do not speak English, or if English is not your primary language, you may request another method of communication to enable you to meet with DVR. DVR arranges and pays for interpreter services as described in WAC 388-891A-0720, translation services as described in WAC 388-…

DVR uses equipment, devices, or other services you need to understand and respond to information. Methods DVR may use to communicate with you include, but are not limited to:(1) Interpreters;(2) Open and closed captioned videos;(3) Specialized telecommunications services and audi…

(1) Upon your request, DVR translates the following written communication into your primary language or the primary language of your representative:(a) Application for VR services;(b) Notification of eligibility or ineligibility;(c) Plan for employment;(d) Notification of case cl…

The state in which you live has the primary responsibility to provide VR services to you. If you do not live in Washington state, you may apply for VR services if you are present in the state and available to participate in required assessment services or VR services.[Statutory A…

A case may be open at the same time in more than one VR services program as long as services are coordinated and not duplicated.[Statutory Authority: RCW 74.29.020(8) and 34 C.F.R., Parts 361, 363, 397. WSR 18-12-035, § 388-891A-0431, filed 5/29/18, effective 6/30/18.]

(1) The Washington state department of services for the blind, under an agreement with DVR, is the primary agency responsible for providing vocational rehabilitation services to individuals who are blind or have a visual impairment resulting in an impediment to employment.(2) You…

(1) If you are eligible for vocational rehabilitation services through a tribe that operates a vocational rehabilitation program, you may apply for VR services from DVR.(2) The tribal vocational rehabilitation program and DVR may coordinate to provide joint services if you would …