(1) Vocational rehabilitation services, except those services necessary for determining eligibility for the program, are available only to a person who is determined by the department to be eligible for services.

(2) Eligibility for vocational rehabilitation services is based on the following criteria:

(a) the presence of physical or mental impairment;

(b) the person's impairment constituting or resulting in a substantial impediment to the person's employment; and

(c) the vocational rehabilitation services necessary for the person to prepare for, secure, retain or regain employment are consistent with the person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(3) Any applicant who has been determined eligible for social security old age, survivors and disability insurance (OASDI) or supplemental security income (SSI) benefits under Titles II and XVI of the Social Security Act is presumed eligible for vocational rehabilitation services and considered an individual with a significant disability unless the department determines the applicant is not otherwise eligible for services.

(4) Eligibility of a person for the visual medical services, vocational rehabilitation extended employment services and independent living services is determined in accordance with ARM 37.30.2608 for visual medical services, ARM 37.30.1613 for vocational rehabilitation extended employment services and ARM 37.31.401 for independent living services.

(5) Eligibility for vocational rehabilitation services is not determined:

(a) with regard to sex, race, age, religion, creed, color, or national origin;

(b) solely on the basis of type of disability;

(c) upon an age limit which will, of itself, result in a finding of ineligibility for any person who otherwise meets the basic eligibility requirements; or

(d) upon a residence requirement, durational or other, which excludes from services any person who is in the state and who would be eligible for vocational rehabilitation services otherwise.

(6) A person is not eligible for vocational rehabilitation services unless the department determines that the person is utilizing all public and private benefits and services, other than rehabilitation technology, to which the person may be otherwise entitled which are of a comparable nature to those available through the vocational rehabilitation program of the department.

(7) A consumer must participate in such vocational rehabilitation services as the consumer and the department determine are appropriate for the consumer's vocational rehabilitation in accordance with the objectives of the consumer's (IPE) .

History: Sec. 53-7-102, 53-7-203, 53-7-302, 53-7-315 and 53-19-112, MCA; IMP, Sec. 53-7-101, 53-7-102, 53-7-103, 53-7-105, 53-7-106, 53-7-107, 53-7-201, 53-7-202, 53-7-203, 53-7-301, 53-7-302, 53-7-303, 53-7-304, 53-7-305, 53-7-306, 53-7-307, 53-7-308, 53-7-309 and 53-19-103, MCA; NEW, 1982 MAR p. 1287, Eff. 7/1/82; AMD, 1984 MAR p. 511, Eff. 3/30/84; AMD, 1985 MAR p. 1569, Eff. 10/18/85; AMD, 1992 MAR p. 2572, Eff. 11/26/92; TRANS, from SRS, 1998 MAR p. 2040; AMD, 2002 MAR p. 3628, Eff. 12/27/02.