Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R993. Workforce Services, Rehabilitation.

Rule R993-200. Order of Selection.

As in effect on April 1, 2019

Table of Contents

R993-200-201. Definitions.

The following definitions apply to terms used in this rule:

(1) Multiple Services or Multiple Vocational Rehabilitation services means three or more services as listed in 29 CFR 723 and in this rule.

(2) Extended Period of Time means the estimated length of time services are to be provided is six months or more.

R993-200-202. Determining Need for and Order of Selection.

(1) An order of selection will be used in the event the division lacks the resources to provide all eligible individuals with services necessary to obtain, retain, or engage in employment. In that event, the order of selection for services will be provided based on the significance of disability. The order of selection will provide services to eligible individuals with the most significant disability first, followed by eligible individuals with significant disabilities, and finally, eligible individuals with disabilities that are not-significant.

(2) Significance of disability is determined by a qualified vocational rehabilitation counselor (QVRC) at the time the eligibility determination is made. The determination will be based on medical, psychological, and other diagnostic documentation and a clinical assessment by the QVRC. The QVRC may use, but is not bound by, determinations made by other state or federal agencies.

R993-200-203. Individuals with the Most Significant Disability.

(1) Individuals who will require multiple vocational rehabilitation services over an extended period of time and who exhibit functional deficits in two or more of the following areas are considered to have the most significant disabilities:

(a) mobility;

(b) communication;

(c) self-care which is defined as the inability to perform normal activities of daily living without assistance;

(d) self-direction which is defined as the inability to provide informed consent for life issues without the assistance of a court-appointed legal representative or guardian, or has been declared legally incompetent;

(e) inter-personal skills;

(f) work tolerance;

(g) work skills.

(2) Functional deficits are further defined in policy.

R993-200-204. Individuals with Significant Disability.

An individual with a significant disability can be classified in any one of the following three categories at any time while he or she is in the vocational rehabilitation process:

(1) An individual;

(a) who has a severe physical or mental impairment or disability or combination of disabilities, as provided in policy, that is determined to cause substantial functional limitation. which seriously limits one or more functional capacities listed in Rule R993-200-203 in terms of an employment outcome; and

(b) whose vocational rehabilitation is expected to require multiple services over an extended period of time.

(2) A recipient of a Social Security Disability Insurance benefits (SSDI) who requires multiple vocational rehabilitation services over an extended period of time.

(3) A recipient of a Supplemental Security Income (SSI) payment by reason of blindness or disability who requires multiple vocational rehabilitation services over an extended period of time. Individuals who have been determined eligible for SSI/SSDI disability benefits by the Social Security Administration are considered to be at least Significantly Disabled.

R993-200-205. Individuals with Disabilities.

An individual with a disability means an individual who:

(1) has a physical or mental impairment which for that individual constitutes or results in a substantial impediment to employment;

(2) can benefit in terms of an employment outcome from receiving vocational rehabilitation services; and

(3) requires vocational rehabilitation services to prepare for, enter, engage in or retain gainful employment.

R993-200-206. Restrictions on Establishing Priorities.

The following factors cannot be used as criteria for establishing selection priorities:

(1) type of disability;

(2) age, sex, race, color, creed, or national origin;

(3) vocational expectation;

(4) income level;

(5) duration of residency;

(6) source of referral or cooperative agreements with other agencies/programs; or

(7) cost of services or availability of comparable services and benefits.

KEY

disabled persons, rehabilitation

Date of Enactment or Last Substantive Amendment

October 1, 2016

Authorizing, Implemented, or Interpreted Law

Pub. L. No. 102-569; 35A-13-102; 35A-1-104; 35A-1-104(4)


Additional Information

Contact

For questions regarding the content or application of rules under Title R993, please contact the promulgating agency (Workforce Services, Rehabilitation). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.