When it is determined that VR does not have the resources to serve all eligible individuals in all Priority Categories, OVR/OVRB administration, in consultation with the SRC, will make the decision to begin closing Priority Categories beginning with Priority Category 3. The MDRS Executive Director will notify staff by Executive Director Memorandum when the OOS is to be implemented or withdrawn.
When MDRS implements an OOS, it will: 63
* Do so on a statewide basis;
* Notify all eligible individuals, in writing, of the priority categories in the OOS and their assignment into a particular category and the right to appeal their category assignment, and
* Continue to provide all necessary services to all individuals who started receiving services prior to the effective date, regardless of the severity of the individuals' disabilities.
When an OOS is implemented, an IPE cannot be developed for individuals in a closed Priority Category. However, OVR/OVRB will provide all eligible individuals who do not meet the OOS criteria with information about, and referral to, other Federal or State programs that can assist those individuals in terms of an employment outcome. 64
An individual may request an informal review, mediation, or fair hearing to appeal his/her Priority Category assignment. An individual's assignment to a Priority Category shall not be changed pending the outcome of the appeals process.
Furthermore, OVR/OVRB/OBD will elect to provide services, regardless of any established OOS, to eligible individuals who require specific services or equipment to maintain employment. 65
32 Miss. Code. R. 10-6-6.3