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Closed Working for Sub-Minimum Wage Annual Review

Issued March 2009; Reviewed May 2014; Reviewed July 2023

Purpose:

To outline the requirement and process for completing annual reviews for cases closed working under sub-minimum wage certificate - extended employment.

Rationale:

The Federal Regulations 34 CFR 361.55 and DVR’s Policy Manual require that consumers closed as working under a Sub-Minimum Wage Certificate - Extended Employment (Status 28) have an annual review conducted for two years after case closure. These cases are listed on the counselor’s notification list.

Process:

Neither the Federal Regulations nor DVR specify who in DVR is to complete the annual review.

The purpose of the review is to determine the consumer’s interests, priorities, and needs with respect to competitive employment or training for competitive employment. The consumer, or as appropriate, the consumer’s representative or guardian should have input into this reevaluation.

The outcome of the review will depend upon the individual's circumstances.

Examples of possible outcomes:

  1. Through discussion with the consumer, or as appropriate the consumer’s representative or guardian, agreement that the current employment setting continues to best meet the consumer’s needs.
  2. Through discussion and evaluation the consumer has progressed in their work skills/abilities, is interested in competitive employment, and reapplying for DVR services.

If there is a disagreement regarding the consumer’s ability or readiness for competitive employment, the consumer has a right to reapply for services at any time.

The outcome of the annual review needs to be acknowledged by the signature of the consumer, or as appropriate, the consumer’s representative or guardian. The outcome should be documented in a Closure Review Case Note (specific type of case note), and the Annual Closure Review Form (DVR-16489-E) should be completed and attached in IRIS. If there are any questions related to how to complete the closure review case note, select the help button after opening a closure review case note.