(1) A person may receive older blind services if the program determines that the person:

(a) has appropriately applied for services;

(b) is 55 years or older in age;

(c) has a visual disability;

(d) due to the visual disability, will either have extreme difficulty in obtaining competitive employment or in the absence of an employment goal has feasible independent living goals;

(e) requires services available through the program that will contribute to the person's maintenance or increased independence; and

(f) meets the other requirements of this subchapter applicable to program eligibility.

(2) The presence of a visual disability and the need for program services may be determined by qualified staff based upon a functional assessment of the person's vision.

(3) A consumer's eligibility for services terminates when:

(a) a qualified staff member determines that the goals of the consumer's independent living plan have been achieved or cannot be achieved;

(b) due to fiscal or personnel resource exigencies the consumer's service delivery category is closed or the consumer is among the consumers whose service delivery is closed due to a reduction in the number of persons who can be served in the consumer's service delivery category;

(c) the consumer requests termination; or

(d) the consumer is no longer available for services.

(4) Prior to termination of a consumer's eligibility, the program will provide the consumer with notice of the termination and provide the consumer with the opportunity to seek an informal review of the proposed termination. If the person remains dissatisfied with the proposed termination, the person may request a fair hearing as provided for in ARM 37.30.2310.