(a) Any applicant
or eligible individual or, as appropriate, individual's representative, who is
dissatisfied with any decision or action taken by personnel of the division
that affects the provision of VR services or general services for the blind,
may request, or, if appropriate, may request through the individual's
representative, for a timely review of that determination, in accordance with
this section.
(1) The request for review from
an applicant or eligible individual or, as appropriate, individual's
representative must be made within 90 days of the decision or action taken by
the division. If the 90th day falls on a weekend or
holiday, the 90th day shall be the working day
following the weekend or holiday.
(2) The date of request is the date the
division receives a signed request for review from the applicant or eligible
individual or, as appropriate, individual's representative.
(3) The request must be made to the division
administrator, in writing.
(A) The division
shall assist the applicant or eligible individual in documenting the request by
use of the division's preprinted form letter.
(B) Other written requests for review,
containing the required information specified in paragraph (4) by an applicant
or eligible individual or, as appropriate, individual's representative, shall
be sufficient to initiate the review process.
(4) The request for review shall contain the
nature of the complaint, the agency staff involved, the alleged action or
decision in question, a statement, if applicable, that the applicant or
eligible individual or, as appropriate, individual's representative wants to
pursue mediation prior to a formal due process hearing, and the signature of
the applicant or eligible individual or, as appropriate, individual's
representative.
(5) The request for
review shall be acknowledged by the division administrator within two weeks of
its receipt by the division.
(6) A
copy of the request for review shall be filed in the division's record of
services for the individual.
(b) The division shall provide each applicant
or eligible individual or, as appropriate, the individual's representative,
notice of:
(1) The right to obtain review of
any determinations made by personnel of the division that affect the provision
of VR services through an impartial due process hearing in accordance with
section 17-400.1-7;
(2) The right
to pursue mediation with respect to determinations made by personnel of the
division that affect the provision of VR services, prior to hearing, in
accordance with the mediation process under section 17-400.1-6;
(3) The names and addresses of individuals
with whom requests for mediation or due process hearings may be
filed;
(4) The manner in which a
mediator may be selected consistent with the requirements of section
17-400.1-6(a)(7), or the manner in which an impartial hearing officer may be
selected consistent with the requirements of section 17-400.1-7(a)(3)(B);
and
(5) The availability of the
Client Assistance Program of the Hawaii Disability Rights Center to assist the
applicant or eligible individual during mediation sessions or impartial due
process hearings.
(c)
Such notification shall be provided in writing:
(1) At the time the individual applies for
vocational rehabilitation services under section 17-401.1-4;
(2) At the time the individual is assigned to
a category in the division's order of selection, when the division has
established an order of selection under section 17-401.1-5;
(3) At the time the individualized plan for
employment (IPE) is developed; and
(4) Whenever vocational rehabilitation
services for an individual are reduced, suspended, or terminated,
(d) Applicants who are found
ineligible for VR services and previously eligible individuals who are
determined to be no longer eligible for VR services pursuant to section
17-401.1-8, are permitted to challenge the determinations of ineligibility
under the procedures described in this section.
