Tracking# 2012-01070 
FA/P 2/1/13, eff. 4/1/13 

I:/12120201.rtf 
(I:/12120201.doc) 

(10 CCR 2513-1)

[Instructions: insert before line 2298614.] 
Revisions to Sections 9.102 through 9.108.1 and 9.203 through 9.209.2 were final adoption following publication at the 2/1/2013 State Board meeting (Rule-making# 12-12-2-1), with an effective date of 4/1/2013. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporate by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration. 

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[Instructions: replace lines 2298620 through 2298728.] 
9.102  PROTECTION, USE, AND RELEASE OF PERSONAL INFORMATION [Eff. 4/1/13] 
9.102.1  CONFIDENTIAL INFORMATION [Eff. 4/1/13] 
All applicants or their representatives shall be informed about DVR's need to collect personal information and the principal purposes for which DVR will use that information. Any information secured by or made available to DVR and/or its employees or representatives concerning referrals, applicants or eligible individuals of the vocational rehabilitation program is considered confidential. Use of such information, current or stored, is limited to purposes directly connected to the administration of the Vocational Rehabilitation Program as identified in Sections 9.102.2 and 9.102.3 and is not to be otherwise disclosed, directly or indirectly. Individuals shall be notified of the confidential nature of their case records and the conditions for release of such information at the time of application.
9.102.2  RELEASE TO APPLICANTS OR ELIGIBLE INDIVIDUALS [Eff. 4/1/13]
Information acquired or maintained by the Division of Vocational Rehabilitation (DVR) will be available upon written request, for inspecting and copying by an applicant or eligible individual or, as appropriate, the individual's representative, in accordance with the Colorado Open Records Act (Section 24‑72-201, et. seq., C.R.S.), unless release of such information is prohibited by state or federal statutes, case law, or rules and regulations. Medical, psychological or other information which the counselor determines may be harmful to the individual will not be released directly to the individual, rather will be provided through a third party chosen by the individual. Any employee of DVR shall not disclose the following information to the applicant or eligible individual and/or his or her authorized representative; applicants and eligible individuals requesting such information shall be referred to the originating source of the information.
A.  Social Security Administration (SSA) information except when requested by the Client Assistance Program on behalf of the client;
B.  Veterans Administration information;
C.  Medical or psychological information, when the service provider states in writing that disclosure to the individual is prohibited. 
9.102.3  RELEASE TO OTHER PROGRAMS OR AUTHORITIES [Eff. 4/1/13] 
A.  Confidential information may be released to other agencies or organizations when necessary for their programs only after receiving informed written consent from the subject of the information and under assurances that the agency or organization will manage the information in a manner to safeguard its confidentiality in accordance with the confidentiality regulations governing vocational rehabilitation programs. 
B.  Information may be released to other programs or authorities without an applicant's or eligible individual's written authorization when: 
1.  The information is necessary for the administration of the rehabilitation program, such as for audit purposes;
2.  Sharing of the information, including pertinent medical and other data received from SSA, is necessary to establish an individual's eligibility for rehabilitation services and/or for the provision of such services under an Individualized Plan for Employment;
3.  The information is required by federal law;
4.  The information is necessary to respond to an investigation in connection with law enforcement, fraud, or abuse (except where expressly prohibited by federal or state statutes or rules and regulations), and in response to judicial order;
5.  The information is necessary in order to protect the individual or others when the individual poses a threat to his or her own safety or to the safety of others;
6.  The information is requested by the SSA; and,
7.  The Director of the Division of Vocational Rehabilitation approves release to an organization or individual engaged in research in accordance with 34 CFR 361.49, July 1991 edition. No amendments or later editions are incorporated. Copies are available for purchase at the Government Bookstore, Federal Office Building, 1961 Stout Street, Denver, Colorado 80294. A copy is available for inspection at the Colorado Department of Human Services, Division of Vocational Rehabilitation, Office of the Director, 1575 Sherman Street, Denver, Colorado 80203-1714; or any state publications depository library. 
9.103  RIGHTS TO REVIEW AND APPEAL [Rev. eff. 4/1/13]
9.103.1  REVIEW AND APPEAL OF COUNSELOR DETERMINATIONS [Rev. eff. 4/1/13]
A.  An applicant or eligible individual who is dissatisfied with any determination made by the DVR counselor or other DVR staff that affects the provision of vocational rehabilitation services may request a formal appeal. In addition, DVR is authorized to enter into settlement negotiations with an applicant or eligible individual in a joint endeavor to resolve disputes at the lowest possible level. These negotiations may not be used to deny or delay an applicant’s or eligible individual’s right to pursue resolution of the dispute through the formal appeal process unless both parties agree that additional time is necessary to effectively negotiate.
B.  An applicant or eligible individual shall be notified, in writing, of his/her appeal rights and the availability of the Client Assistance Program each time the following occur:
1.  At the time of application for services;
2.  At the time of placement into an order of selection priority category;
3.  At the time of Individualized Plan for Employment (IPE) development and any time the IPE is amended;
4.  Any time that DVR makes a decision to reduce, suspend or terminate planned services and goods being provided;
5.  At the time a case is closed for reasons of ineligibility; and,
6.  At the time a case is closed from a deferred services waiting list.
C.  An applicant or eligible individual is responsible for costs associated with his/her appeal unless otherwise ordered.
D.  An applicant's or eligible individual's appeal shall not result in suspension, reduction or termination of vocational rehabilitation services pending resolution of his/her appeal unless:
1.  An applicant or eligible individual or, as appropriate, the individual's representative requests a suspension, reduction or termination of services; or,
2.  There is evidence that the vocational rehabilitation services were obtained through misrepresentation, fraud, collusion or criminal conduct by the individual on the part of an applicant, eligible individual or the individual’s representative.
9.103.2  FORMAL APPEAL PROCESS [Rev. eff. 4/1/13]
A.  A written request for a formal appeal must be submitted to the Colorado Department of Personnel and Administration, Office of Administrative Courts (OAC), within ninety (90) calendar days of the subject determination made by the DVR counselor or other DVR staff that affects a provision of vocational rehabilitation services.
B.  The written request must be a statement detailing the basis of appeal, including a description of the subject determination made by the DVR counselor or other DVR staff that affects a provision of vocational rehabilitation services and specify what relief is requested.
C.  When an applicant or eligible individual requests a formal appeal, DVR is authorized to enter into settlement negotiations with the appellant as part of the litigation process in the interest of making every effort to resolve disputes at the lowest possible level.
D.  An applicant or eligible individual and DVR may voluntarily participate in mediation through the OAC. Mediation may not be used to deny or delay an applicant’s or eligible individual’s right to pursue resolution of the dispute through the formal appeal process unless both parties agree that additional time is necessary for mediation.
9.103.3  FORMAL APPEAL BEFORE THE OFFICE OF ADMINISTRATIVE COURTS [Rev. eff. 4/1/13]
A.  When the OAC receives a request for a formal appeal, the OAC shall notify DVR that the request has been docketed and send a copy of the formal appeal request to DVR.
B.  DVR shall serve a notice to set an informal pre-hearing conference within ten (10) calendar days of receipt of the formal appeal request from the OAC. The purpose of the informal pre-hearing conference shall be to:
1.  Set the date by which DVR shall provide to applicant or eligible individual and to the OAC the specific incidents supporting DVR's determination that affects a provision of vocational rehabilitation services;
2.  Set the date by which the applicant or eligible individual shall provide a response to DVR's notice of specific incidents supporting DVR's determination;
3.  Set, within the time period specified in paragraph D of this section, the case for hearing on the merits; and,
4.  Arrange for expedited discovery schedules, motion dates, and pre-hearing conferences as necessary.
C.  If an applicant or eligible individual fails to provide, within the time prescribed by the Administrative Law Judge, a response to DVR's notice of specific incidents supporting DVR's determination, the OAC shall deem the formal appeal to have been abandoned by an applicant or eligible individual and render an Initial Decision dismissing the formal appeal. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the formal appeal for good cause shown by an applicant or eligible individual.
D.  If DVR fails to provide within the prescribed time a notice of specific incidents supporting DVR's determination, then appellant's request for relief shall be granted and render an Initial Decision, as such. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the formal appeal for good cause shown by DVR.
E.  The Administrative Law Judge shall conduct the hearing within sixty (60) calendar days of an applicant's or eligible individual's request for formal appeal unless both parties agree additional time is necessary.
F.  The Administrative Law Judge shall conduct the hearing on formal appeal in accordance with the Administrative Procedure Act, Section 24-4-105, C.R.S. The rights of the parties include:
1.  Each party shall have the right to present his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examination.
2.  Subject to these rights and requirements, where a hearing will be expedited and the interest of the parties will not be subsequently prejudiced thereby, the Administrative Law Judge may receive all or part of the evidence in written form or by oral stipulations.
3.  Hearings will be conducted at a site convenient to the appellant. A telephonic hearing may be conducted as an alternative to a face-to-face hearing if requested by either party. If either party requests a face-to-face hearing, the written request for a face-to-face hearing must be filed with the OAC and the other party at least ten (10) calendar days before the scheduled hearing.
G.  At the conclusion of the hearing, unless the Administrative Law Judge allows additional time to submit documentation, the Administrative Law Judge shall take the matter under advisement. After considering all the relevant evidence presented by the parties, the Administrative Law Judge shall render an Initial Decision for review by the Colorado Department of Human Services, Office of Appeals.
H.  The Initial Decision shall uphold, modify or reverse DVR's determination affecting a provision of vocational rehabilitation services of an applicant or eligible individual.
I.  The initial decision shall be rendered within thirty (30) calendar days of the completion of the hearing.
J.  When an appellant fails to appear at a duly scheduled hearing, having been given proper notice, without having given timely advance notice to the Administrative Law Judge of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appeal shall be considered abandoned and the Administrative Law Judge shall enter an Initial Decision dismissing appeal. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
K.  When DVR fails to appear at a duly scheduled hearing having been given proper notice, without having given timely advance notice to the Administrative Law Judge of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appellant’s request for relief shall be granted and the Administrative Law Judge shall enter an Initial Decision, as such. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the appeal for good cause shown by DVR.
9.103.4  STATE DEPARTMENT OFFICE OF APPEALS FUNCTIONS [Rev. eff. 4/1/13]
A.  Review of the Initial Decision and hearing record and entry of the final agency decision shall be pursuant to State rules at Sections 3.850.72 - 3.850.73 (9 CCR 2503-8).
B.  Review shall be conducted by a state adjudicator in the Office of Appeals not directly involved in any prior review of DVR's determination affecting a provision of vocational rehabilitation services of an applicant or eligible individual.
C.  The Final Agency Decision shall advise an applicant or eligible individual of his/her right to seek judicial review in the State District Court, City and County of Denver, if the appellant had timely filed exceptions to the Initial Decision.
D.  If an applicant or eligible individual seeks judicial review of the Final Agency Decision, DVR shall be responsible for defending the final agency decision on judicial review.
9.104  ELIGIBILITY [Eff. 4/1/13] 
9.104.1  DETERMINATION OF ELIGIBILITY [Eff. 4/1/13] 
A.  An assessment shall be conducted with each applicant to determine eligibility. Eligibility criteria for vocational rehabilitation services requires that: 
1.  The individual has a physical or mental impairment; 
2.  The impairment constitutes or results in a substantial impediment to employment that is consistent with the individual's abilities and capabilities; 
3.  The individual requires vocational rehabilitation services to prepare for, secure, retain or regain employment consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and, 
4.  DVR presumes that an applicant who meets all other eligibility criteria can benefit in terms of an employment outcome from the provision of vocational rehabilitation services. If this presumption is questionable, the DVR counselor must provide trial work experiences and/or extended evaluation in order to determine eligibility or ineligibility.
B.  The length of time between application and eligibility shall not exceed sixty (60) calendar days unless a period of trial work experience and/or extended evaluation is required or unless the counselor and applicant agree that exceptional circumstances beyond the agency’s control preclude determining eligibility within sixty days.
9.104.2  PRESUMPTIVE ELIGIBILITY [Eff. 4/1/13] 
An applicant who is determined to be eligible for SSI and/or SSDI benefits (based on his/her own disability including blindness) is presumed to meet the eligibility requirements. Verification of eligibility for SSI/SSDI benefits is sufficient to establish that DVR eligibility criteria are met unless the presumption of benefit in terms of an employment outcome is questionable, which may require trial work experiences and/or extended evaluation. 
9.104.3  TRIAL WORK EXPERIENCES [Eff. 4/1/13] 
Prior to determining that an individual is ineligible because he/she does not meet the fourth eligibility criteria (presumption of benefit), trial work experiences must be provided. Trial work experiences must provide an exploration of the individual’s abilities, capabilities and capacity to perform in realistic work settings to determine whether or not there is clear and convincing evidence that an employment outcome is precluded by the severity of an individual’s disability and an ineligibility decision is appropriate. 
Trial work experiences for the purpose of determining eligibility or continued eligibility must be provided under a Trial Work Experience Plan in the most integrated setting(s) possible, consistent with the informed choice and rehabilitation needs of the individual. The DVR counselor and the individual should jointly develop the plan for the trial work experience. 
Trial work experiences must be of sufficient variety and over a sufficient period of time to determine that: 
A.  There is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome; or, 
B.  There is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to the severity of the individual’s disability. 
9.104.4  EXTENDED EVALUATION [Eff. 4/1/13] 
If an individual with a significant disability cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted before the DVR counselor is able to determine eligibility or ineligibility, an extended evaluation shall be provided. The service record must document the need for extended evaluation.
9.105  ORDER OF SELECTION [Rev. eff. 4/1/13]
9.105.1  SEVERITY OF DISABILITY [Rev. eff. 4/1/13]
The assessment for determining eligibility and identifying vocational rehabilitation needs shall establish whether a person's disability is most significant, significant, or neither.
A.  An individual with a most significant disability is one:
1.  Who has a severe physical or mental impairment which seriously limits three or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and,
2.  Whose vocational rehabilitation can be expected to require the provision of two or more core vocational rehabilitation services for at least five months.
B.  An individual with a significant disability is one:
1.  Who has a severe physical or mental impairment which seriously limits two or fewer functional capacity areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and,
2.  Whose vocational rehabilitation can be expected to require the provision of two or more core vocational rehabilitation services for at least five months.
C.  An individual is classified as having a disability when he/she meets DVR eligibility criteria but has a disability that does not meet the criteria for most significant or significant disability.
9.106  PROVISION OF VOCATIONAL REHABILITATION SERVICES [Rev. eff. 4/1/13]
Services are provided to applicants and eligible individuals to determine eligibility and severity of disability, to achieve identified vocational objectives, and to reach the planned employment outcome. Services which are provided to applicants and eligible individuals must be necessary, appropriate, and purchased at least possible cost. A service is considered necessary only if it is essential to assess an individual’s eligibility and severity of disability, to establish his/her vocational rehabilitation needs, to overcome or circumvent the vocational impediment(s), and to attain the individual’s chosen employment outcome. Once an Individualized Plan for Employment (IPE) has been developed, services shall be provided in the most integrated settings as outlined on the IPE. A service is considered appropriate if it is of sufficient quality to fully meet the individual’s particular needs and circumstances. Once a service and/or good has been determined to be both necessary and appropriate, it must then be procured at the least possible cost to DVR.
9.107  UTILIZATION OF REHABILITATION FUNDS [Rev. eff. 4/1/13]
9.107.1  EXPENDITURE OF REHABILITATION FUNDS [Rev. eff. 4/1/13]
A.  Payment for Services
Necessary and appropriate services provided to eligible individuals must be procured at the least possible cost to DVR. All services and goods shall be authorized prior to, or at the initiation of, the delivery of the service or good unless the service record documents that prior written authorization is not possible.
B.  Fee Schedule
Services must be authorized and payments approved in accordance with current agency fee schedules. Fees exceeding the established maximum may be authorized and paid only when the specific service is not available at the established rate or when the service available at the established rate is not adequate to meet the individual's rehabilitation needs.
C.  Bid Process
Purchase of items in excess of the amount established by the Division of Purchasing must be processed through the use of the State bid procedure. Prosthetic devices and prescription items other than wheelchairs may be purchased without use of the State bid process, regardless of cost. Wheelchair purchases must conform to the State bidding process.
D.  Purchase of Services from Community Rehabilitation Programs
Services from Community Rehabilitation Programs will only be purchased from those programs which meet the 1993 standards set forth by the Commission on the Accreditation of Rehabilitation Facilities (CARF) or which have been deemed by the Manager of Rehabilitation Services or designee to meet commensurate standards for the specific service being purchased. The 1993 edition of the CARF Standards Manual for Organizations Serving People with Disabilities is available for purchase from the Commission of Accreditation of Rehabilitation Facilities, 101 N. Wilmot Road, Suite 500, Tucson, Arizona, 85711. A copy is maintained at the Colorado Department of Human Services, Division of Vocational Rehabilitation, Office of the Director, 1575 Sherman Street, 4th Floor, Denver, Colorado 80203; or at any state publications depository library. No amendments or later editions are incorporated.
E.  Maintenance Payments
Maintenance payments shall not exceed the estimated additional cost of subsistence for each individual and/or family unit incurred as a result of the individual's participation in the rehabilitation program. In no event shall the maintenance payment exceed the maximum amount authorized by the State Board of Human Services for the Old Age Pension.
F.  Payment for Transportation
Public transportation will be used whenever possible. When public transportation is not available, driving expenses for use of a personal automobile may be reimbursed at a mileage rate not to exceed that established for reimbursement of automobile expenses to State employees.
G.  Purchase of Technological Aids and Devices
Purchase of telecommunications, sensory, and other technological or assistive aids and devices requiring individualized prescriptions and fittings is allowable only when the prescriptions and fittings are performed by individuals licensed or certified in accordance with state laws. Newly developed aids and devices not requiring individualized fittings will not be purchased unless they meet industry engineering and safety standards.
H.  Use of Supported Employment (Title VI -C) Funds
Supported employment funds may only be used for the development and implementation of rehabilitation programs for individuals with the most significant disabilities eligible for supported employment. Supported employment funds may not be used during the preliminary or comprehensive assessments to determine eligibility and vocational rehabilitation needs.
I.  Order of Selection
During an order of selection, no agency funds shall be authorized or expended on any eligible individual on a deferred services waiting list or on any eligible individual when classification of the case puts it in a closed priority category.
J.  State Property
Items purchased for use by an eligible individual in a training program, trade or business remain the property of the State of Colorado until successful closure from DVR occurs.
1.  Issue of State Property. When such item(s) are issued to a client, written acknowledgment of receipt of the equipment, indicating state ownership, shall be obtained from the client.
2.  Recovery of State Property. State property will be recovered from clients upon termination of programs that do not result in successfully rehabilitated closures.
3.  Re-Issue of State Property. Items recovered in accordance with this policy will be retained in the field office to be re-issued to other individuals who may have need of such items.
9.107.2  CONSUMER FINANCIAL PARTICIPATION [Rev. eff. 4/1/13]
Throughout the DVR process, payment for most services or goods for individuals other than SSI/SSDI recipients is based upon the economic need of the individual. The DVR counselor shall conduct a determination of the individual's economic need prior to the preparation and approval of an Individualized Plan for Employment, a Business Exploration Agreement, Trial Work Experience Plan or Extended Evaluation Plan whenever the plan contains a vocational rehabilitation service that is not specifically exempted from financial participation.
A.  Re-determinations of the individual's economic need shall be conducted at least annually and within forty-five (45) days after any other time when the individual's financial circumstances change.
B.  The statement of the eligible individual and/or member of his/her family unit shall establish data used to complete economic need determinations. DVR counselors may request verification of financial data when other reliable sources of information, such as other professional staff or reports obtained during eligibility determination, the comprehensive assessment process and the Vocational Rehabilitation Program, are not consistent with the individual's statement.
C.  The family unit consists of the applicant or eligible individual, the spouse of the individual, and any other persons whom the individual claims as a dependent for income tax purposes. When the individual is dependent upon his/her parents, the parents and persons for whom the parents are financially responsible shall be considered part of the family unit. An individual who is living with his/her parents is considered a dependent unless the parents have not claimed the individual as a dependent for income tax purposes for the tax year previous to the financial need determination and do not intend to claim the individual as a dependent in current and future years.
D.  Economic need determinations will consider the after-tax income and net liquid resources as well as the allowable monthly deductions of the entire family unit. Standardized allowances for normal living costs are determined by the size of the family unit. These rates are established, in writing, by the DVR and will be reviewed periodically and adjusted when needed.
E.  DVR does not require the financial participation of the individual or completion of a financial need analysis for the following vocational rehabilitation services:
1.  Assessment services to determine eligibility and vocational rehabilitation needs, except for services that are considered supportive and goods and services which are provided under a Trial Work Experience Plan or an Extended Evaluation Plan;
2.  Vocational rehabilitation counseling and guidance;
3.  Referral services;
4.  Professional fees to providers of vocational adjustment and personal adjustment training, independent living skills training, job coaching, on-the-job training and job seeking skills training;
5.  Interpreter services and note-taking services for individuals who are deaf;
6.  Reader services and note-taking services for individuals who are blind;
7.  Personal assistance services;
8.  Auxiliary aids needed for an individual with a disability to participate in the vocational rehabilitation program;
9.  Job-related services; and,
10.  Any service or good furnished to an individual for whom the DVR counselor has evidence of current eligibility for SSI and/or SSDI benefits for disability or blindness.
9.108  CASE CLOSURE [Rev. eff. 4/1/13]
9.108.1  REASONS FOR CLOSURE [Rev. eff. 4/1/13
In addition to closure due to a successful employment outcome or ineligibility, the DVR counselor may close a service record for an applicant or eligible individual for any of the following reasons:
A.  The individual cannot be contacted or located and there is documentation in the service record showing that the DVR counselor made repeated and appropriate efforts to contact the individual and, when appropriate, his/her authorized representative.
B.  The individual is not available to participate in the rehabilitation program.
C.  The individual has refused services and documentation in the service record shows that the DVR counselor made a reasonable number of attempts to contact the individual and, when appropriate, his/her authorized representative to encourage participation.
D.  The individual requested closure.
E.  The individual has failed to cooperate and documentation the service record shows that the DVR counselor has made repeated and appropriate efforts to encourage participation.
F.  Employment has been maintained after provision of post employment services.
G.  Extended services for supported employment are not available and documentation in the service record indicates that appropriate referrals have been made, if there are potential resources that may at some time in the future provide extended services, and that natural supports cannot be developed or are not appropriate to the individual’s needs. The service record must also document consultation or the opportunity for consultation regarding extended services issues with the individual and, if appropriate, his/her authorized representative.
H.  Extended employment has been chosen by the individual and, when appropriate, his/her authorized representative.
I.  Closure from an order of selection waiting list is appropriate if requested by the individual; if s/he cannot be contacted or located or has moved; if the individual is no longer available for services for another reason; or if information has been obtained that supports a determination that the individual is no longer eligible for vocational rehabilitation services. The individual shall be afforded an opportunity to participate in the closure decision unless s/he refuses it or cannot be located. The individual must be informed of the closure action, in writing, and through appropriate modes of communication, including the reason for closure, the right to an administrative review, mediation and formal appeal of the closure decision, and how an administrative review and/or formal appeal may be initiated.
J.  Referrals shall be made to other training or employment-related programs in the statewide workforce investment system that can be of assistance to the individual in preparing for, securing, retaining or regaining employment.

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9.203.1  DISCONTINUATION OF SERVICES [Eff. 4/1/13] 
Section 51 of 34 CFR 364 under the authority of 29 U.S.C. 796-796f-5 which do not include amendments to or editions of said regulations later than August 15, 1994, provides requirements for determinations of eligibility or ineligibility, in accordance with all parts, incorporated herein by reference. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
A center shall discontinue Independent Living (IL) services to an individual if the individual is no longer eligible to receive IL services. An individual is no longer eligible to receive IL services when the delivery of IL services will no longer improve the individual’s ability to function, ability to continue functioning, or move toward functioning independently in the community. If the center intends to discontinue services to an individual receiving IL services under an IL plan or an individual receiving services after they have waived their right to a plan, the center shall follow the requirements that apply to determinations of ineligibility and review of ineligibility determinations.
9.203.2  APPEAL PROCEDURES [Eff. 4/1/13]
Section 58 of 34 CFR 364 requires each center to establish consumer appeal procedures; Section 30 of CFR 364 requires each center to provide notice of the Client Assistance Project in accordance with all parts, under the authority of 29 U.S.C. 796-796f-5 which do not include amendments to or editions of said regulations later than August 15, 1994 of those parts and incorporated herein by reference. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library
A.  Each center must establish policies and procedures that an individual may use to obtain review of decisions made by the center concerning the individual’s request for IL services or the provision of IL services to the individuals; and, 
B.  Use formats that are accessible to inform each individual who seeks or is receiving IL services from the center about the procedures required by paragraph A of this section; 
C.  Establish policies and procedures that require that the individual is notified of the Client Assistance Program (CAP); 
D.  Establish a policy that the center shall continue services to the consumer while the decision is being reviewed, unless continuation of services is deemed harmful to the consumer or otherwise.
9.203.3  APPLICATION, CERTIFICATION AND RE-CERTIFICATION OF CENTERS [Eff. 4/1/13]
A.  Application Process
An organization that intends to become an Independent Living Center must apply to the Director of the Division of Vocational Rehabilitation to become certified as a center and eligible for funding under the SILS program.
B.  For an organization that DVR previously certified to operate as a certified center or was de-certified, the organization must provide to DVR evidence that it is currently operating in accordance with all parts, incorporated herein by reference, of Title VII, Section 725 of the Federal Act, as defined in 34 CFR 366.60 under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(c), 796d-1(b), and 796f-4, which do not include amendments to or editions of said regulations later than August 1, 1995 of those parts and incorporated herein by reference. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
C.  Requirements of Certification and Re-Certification
The organization must comply with the standards and assurances for independent living in accordance with all parts, incorporated herein by reference, of Title VII, Section 725 of the Federal Act, the center evaluation standards in accordance with all parts, incorporated herein by reference of 34 CFR 366.60, under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(c), 796d-1(b), and 796f-4, which do not include amendments to or editions of said regulations later than August 1, 1995 of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. Prior to certifying an organization as a center, DVR may conduct on-site verification procedures based on the evaluation standards previously cited and may include verifying the accuracy of the information in the organization’s annual report. If DVR determines that the organization qualifies to operate as a center, DVR shall provide written certification for up to thirty-six months from the date of the on-site verification.
9.203.4  CERTIFICATION OF CENTERS AND VERIFICATION OF INFORMATION [Eff. 4/1/13]
A.  DVR shall verify the accuracy of the information in the center's annual performance report through information obtained by a Verification Team during an onsite review in locations that a CIL operates. A Verification Team will evaluate a center at least once every thirty-six months to determine certification status.
B.  The Verification Team will notify the center at least ten working days prior to the verification team's onsite evaluation. DVR reserves the right to monitor all or part of the evaluation standards. Included in the notification to CILS will be a list of evaluation standards.
C.  Minimal compliance means that the center provides at least one type of evidence for each evaluation standard. The DVR Verification Team obtains evidence to verify the accuracy of the information in the annual performance report and establish minimal compliance, as outlined in 34 CFR 366.60 under the authority of 20 U.S.C. 796f-4 which does not include amendments to or editions of said regulations later than August 15, 1994, and incorporated herein by reference, and with DVR contracts and procedures. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library.
D.  The CIL must comply with the evaluation standards defined in 34 CFR 366.60 to 366.63 under the authority of and all parts, incorporated herein by reference incorporated herein by reference of 34 CFR 366.60, under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(c), 796d-1(b), and 796f-4. which do not include amendments to or editions of said regulations later than August 1, 1995 of those parts. Copies of these federal regulations are available from the Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library.
Prior to certifying an organization as a center, DVR may verify the accuracy of the information in the organization’s annual performance report following the on-site verification process outlined in this section and a DVR procedural. If DVR determines that the organization qualifies to operate as a center, DVR shall provide a written certification. DVR may certify an organization for up to thirty-six months from the date of the on-site verification. Specific application information can be found in (whatever number is assigned to the Application and Certification of Centers Section).
E.  DVR may conduct additional on site evaluation visits, without prior notification, if the Verification Team needs additional documentation or information in regards to compliance indicators.
9.204  (NONE) [Rev. eff. 4/1/13] 
9.205  ASSURANCE TO RECEIVE FUNDING UNDER THE SILS PROGRAM [Rev. eff. 4/1/13]
A.  To be eligible for funding under the SILS program, an eligible agency shall comply with all parts, incorporated herein by reference, of Title VII, Section 725, 34 CFR 366.60, under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(C), 796D-1(B), and 796F-4, which do not include amendments to or later editions of regulations later than August 1, 1995 of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library.
B.  A CIL must obtain an annual independent fiscal audit conducted by a certified public accountant and provide documentation that demonstrates the centers’ board of directors’ review of the CILs monthly financial statements.
C.  A CIL must comply with all state and federal contract requirements in terms of proper financial reporting, accountability, transparency and documentation; and agree to the terms and conditions of such contract. Funds allocated under the SILS program must only be used to provide Independent Living services or to pay associated costs, as described in the contract exhibits.
9.206  PAYMENT TO CILS [Rev. eff. 4/1/13]
A.  A CIL may invoice DVR according to specific requirements in a contract or procedures set forth by DVR. To receive payment, a CIL must have all supporting documentation for services and allowable costs and be able to provide documentation of such record if requested.
B.  A CIL must adhere to contract requirements in order to receive payment for services provided.
9.207  ALLOCATION OF FUNDS FOR SILS [Rev. eff. 4/1/13]
9.207.1  STATE ALLOCATION [Rev. eff. 4/1/13]
The State shall allocate funds to centers that participate in the SILS program. Funds to be allocated include funds appropriated in both federal and state appropriations. The allocation represents the maximum amount of funds that a center may be reimbursed under the SILS program. DVR shall set forth specific procedures that allocate funds to all eligible CILs.
The allocation of funding to CILs is subject to periodic review by the Independent Living Allocations Committee. A review of allocations will:
A.  Align with the State Plan for Independent Living (SPIL); or,
B.  Occur if there is a change in the number of CILs eligible to receive funding.
C.  DVR reserves the right to evaluate and/or change the allocation of funding if special, unforeseen, circumstances occur.
9.207.2  INDEPENDENT LIVING ALLOCATIONS COMMITTEE [Rev. eff. 4/1/13]
A.  The SILC, provider association, and DVR shall participate in an Independent Living Allocation Committee. The Chairperson of the SILC shall make the appointment of two members who are advocates for individuals with disabilities and are not affiliated with CILs. The provider association shall appoint two individuals and the Director of DVR will appoint two individuals. The total number of allocation committee members shall equal six, two from each group.
B.  The Independent Living Allocations Committee will work to establish criteria for allocating funds from the State General Fund for Independent Living and federal funds.
C.  All funding formulas submitted by the allocation committee shall be in compliance with State fiscal rules and regulations, current Federal and State laws and regulations, including annotations and footnotes in appropriations, and the State Plan for Independent Living.
D.  DVR will ensure that the Independent Living Allocations Committee participates in any change of funding allocation that is in DVR procedures. The final decision of how to allocate funds is the responsibility of DVR.
9.208  RECORDS [Rev. eff. 4/1/13]
In addition to complying with applicable EDGAR record keeping requirements, centers that receive financial assistance from the SILS program will maintain records that fully disclose and document:
A.  The amount and disposition by the center of that funding;
B.  The total cost of the IL services;
C.  The amount of that portion of the cost of the IL services supplied by other sources; and,
D.  Compliance with regulations pertaining to the SILS program; and,
1.  Records that the Director, Division of Vocational Rehabilitation or the Secretary of the federal Department of Education determines to be appropriate to facilitate an effective audit.
2.  Access to Records
For the purpose of conducting audits, examinations, compliance reviews and verification of information in the annual performance report, centers that receive funding from the SILS program will provide access to the Director, the Secretary of the federal Department of Education, and the Comptroller General, or any of their duly authorized representatives, to these records; and,
a.  Any other books, documents, papers, and records of the recipients that are pertinent to the financial assistance received to provide IL services; and,
b.  All consumer service records for individuals served with funds received from the SILS program, including names, addresses, and records of evaluation included in those consumer service records.

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[Instructions: replace lines 2308991 through 2308994.] 
9.209.2  TERMINATION OF FUNDS [Rev. eff. 4/1/13]
A center’s funds may be terminated for: 
A.  Failure to meet the requirements of 34 CFR 366.40 through 366.46. This rule does not contain any later editions of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library.
B.  Failure to meet contract requirements within the statement of work and its exhibits including, but not limited to, general and special provisions. 
C.  A decision to terminate funding will also terminate the organization’s certification as a center. Refer to Section 9.203.3 for clarification on re-certification. 

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