Narrative: d. 2. M. i. I.

If services cannot be provided to all eligible individuals who apply, the Director of DVR will implement an Order of Selection (OOS) as set forth in this section. After determining eligibility counselors must assign a priority category and follow the Order of Selection set forth below for the provision of services. Individuals determined eligible prior to the date of implementation of the Order of Selection will continue to receive cost services. Maine DVR will notify all eligible individuals of the priority categories in the Order of Selection. Eligible individuals in priority categories not currently being served will be notified in writing of their assignment to a particular category and their right to appeal their category assignment. Whether in an Order of Selection or not, Maine DVR has assigned all applicants to an OOS category to ensure that DVR continues to serve the most significantly disabled. This was upon the advice of RSA staff during the 2011 107 Monitoring review. The priority category shall be assigned, based on their level of significance of disability; “Level of significance of disability” means one of the following: Priority Category 1, “most significantly disabled”; Priority Category 2, “significantly disabled”; or Priority Category 3, “disabled” as set forth below. Individuals with disabilities shall be served first based on significance of disability and second by date of application in the following priority order: A. Priority Category 1, "Most significantly disabled" means an eligible individual who meets the following criteria: (1) who has a serious limitation in terms of an employment outcome in four or more functional capacity areas. Functional capacity areas are; mobility, work tolerance, communication, self—care, interpersonal skills, cognition and learning (self— direction), or work skills. "Serious limitation in terms of an employment outcome" means a reduction of one’s capacity to perform, due to severe physical or mental impairment, to the degree that the individual requires services or accommodations in order for the individual to work or be a fully functioning member of the community; and (2) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services, meaning two or more core vocational rehabilitation services as outlined in Section 9 of this rule, services 9.1 through 9.14; and (3) whose vocational rehabilitation can be expected to require an extended period of time. B. Priority Category 2, "Significantly disabled" means an eligible individual who meets the following criteria: (1) who has a serious limitation in terms of an employment outcome in at least two or three functional capacity areas. Functional capacity areas are; mobility, work tolerance, communication, self—care, interpersonal skills, cognition and learning (self— direction), or work skills. "Serious limitation in terms of an employment outcome" means a reduction of one’s capacity to perform, due to severe physical or mental impairment, to the degree that the individual requires services or accommodations in order for the individual to work or be a fully functioning member of the community; and (2) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services, meaning two or more core vocational rehabilitation services as outlined in Section 9 of this rule, services 9.1 through 9.14; and (3) whose vocational rehabilitation can be expected to require an extended period of time; and (4) who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, acquired traumatic brain injury, heart disease, hemiplegia, hemophilia, HIV infection, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo—skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, end—stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation. C. Priority Category 3, "Disabled" means an eligible individual who has: (1) a serious limitation in terms of an employment outcome in 1 or more functional capacity areas. Functional capacity areas are; mobility, work tolerance, communication, self—care, interpersonal skills, cognition and learning (self— direction), or work skills. "Serious limitation in terms of an employment outcome" means a reduction of one’s capacity to perform, due to severe physical or mental impairment, to the degree that the individual requires services or accommodations in order for the individual to work or be a fully functioning member of the community; and (2) whose vocational rehabilitation may or may not require multiple core vocational rehabilitation services as outlined in Section 9 of this rule, services 9.1 through 9.14; or (3) whose vocational rehabilitation may or may not require an extended period of time Individuals Not Meeting the Order of Selection Criteria — Eligible individuals who do not meet the Order of Selection category currently being served will have access to services through information and referral. Individuals will be appropriately referred to other programs — including those of other core WIOA partners.