Chapter 1.4 Contents:

[REVISED: 7/1/12]

For client rights regarding access to information in their Vocational Rehabilitation program case file, see Chapter 1.1, CONFIDENTIALITY, Policy 1, Section A3.

For client rights regarding privacy and third party access to their Vocational Rehabilitation program case file, see Chapter 1.1, CONFIDENTIALITY, Policy 1, Section A2.

[REVISED: 5/1/16]

  1. The public may inspect any DRS information that is open to public inspection (e.g., DRS policy for provision of a specific service, DRS fee schedule, copy of state plan) under the Virginia Freedom of Information Act. The person’s request is not required to be in writing and is not required to specifically mention the Freedom of Information Act. The individual shall be advised of the DRS copying charge (per § 2.2-3704 of the Code of Virginia).

  2. DRS staff shall immediately provide a copy of the written FOIA request to the Director of Policy and Legislative Affairs or designee for guidance in responding to the request.  DRS must respond to the request within five working days by:
    1.  providing a copy of the requested information (or allowing the individual to inspect the original under constant staff supervision) if access is allowable under FOIA, or

    1. providing written denial of request for information (or portion) that is exempt from public access, making specific reference to applicable sections of the law that prohibit release, or

    1. providing written acknowledgment of the request when it is practicably impossible within five days to provide a copy of the information or to determine whether the information is available. In this latter case, DRS shall have seven additional working days to respond with one of the other responses.

[REVISED: 7/1/12]

  1. The DRS copying charge is $0 for the first ten (10) pages and 15 cents per each additional two-sided page (copied front and back). The check must be made payable to the Virginia Department for Aging and Rehabilitative Services. A copy of the DRS Vocational Rehabilitation Services Program and Supported Employment Services Program and Independent Living Services Program State Plans are free.

  2. Upon request, staff must disclose to the person making the request the estimated total copying charge. However, the counselor should inform the person making the request of the estimated total charge without having to be asked.