The Division of Rehabilitation Services may contract with any approved agency or organization to provide programs and services set forth in § 21-303(d) of this title to any individual with disabilities if the Division is satisfied that the individual:

(1) Is at least 17 years old;

(2) Cannot find employment in the open labor market; and

(3) May be expected to benefit from the programs and services set forth in § 21-303(d) of this title or that the individual’s best interests require this type of employment.