Current through 2024-38, September 18, 2024
An applicant for or recipient of vocational rehabilitation
services who is dissatisfied with any determination concerning the denial of
services may request (or, if appropriate, may request through the individual's
representative) a timely review of the determination. DBVI shall make
reasonable accommodation to the individual's visual impairment in the conduct
of the appeals process. Written notification of appeal rights will be provided
to the individual at the time of application, when assigned an order of
selection category, when an IPE is developed, and whenever DBVI VR services are
reduced, suspended, or terminated. Notification will include the name and
address of the person with whom an appeal may be filed and information
regarding the Client Assistance Program.
Mediation and/or Due Process Hearings are provided at no
cost to the individual; however, costs related to legal representation are not
covered by DBVI.
1.
Informal
Review
Whenever possible, DBVI will attempt to resolve conflicts
informally prior to Mediation or a Due Process Hearing. An individual may
request a meeting with the VRcounselor, the appropriate supervisor, and/or a
Client Assistance Program representative, if desired, to explore options for
resolving any conflicts. An individual may request Mediation or a Due Process
Hearing immediately without having to participate in the informal
process.
2.
Continuation of Services Pending Appeal
Pending a final determination following an appeal hearing,
the Division may not suspend, reduce, or terminate services being provided
under an IPE, unless the services were obtained through misrepresentation,
fraud or collusion or the individual, or the individual's authorized
representative requests suspension, reduction or termination of
services.
3.
Time
Frames
The formal appeal must take place within (60) sixty days from
when the formal request is made to the Director. The time frames listed under
Section
4. Mediation and 5. Due Process
Hearing may be waived if both parties agree to an extension of time in order to
conduct the Mediation or hearing, and render a decision.
4.
Mediation
A. Mediation is a voluntary process conducted
by a qualified and impartial mediator. At any point during the Mediation
process, either party, or the mediator, may elect to terminate the Mediation.
Mediation is provided at no cost to the individual, but costs related to legal
representation are not covered by DBVI.
B. An individual must request Mediation
within thirty (30) calendar days of the agency notice regarding the provision
or denial of services that are in question. The request shall be in writing and
shall describe the basis for the grievance. The request should be sent to the
Director of DBVI who will immediately forward it to a qualified
mediator.
C. Upon receipt of the
request, the mediator will commence a Mediation meeting within fifteen (15)
calendar days. The Mediation shall be held at a location that is convenient to
the parties to the dispute.
D. Any
agreement reached in the Mediation process shall be set forth in a written
Mediation agreement and shall be signed by both parties. Copies of the signed
agreement must be sent to both parties.
E. Discussions that occur during the
Mediation process shall be confidential and may not be used as evidence in any
subsequent Due Process Hearing.
F.
The individual may be represented at the Mediation, including, but not limited
to, representation by the Client Assistance Program.
G. The Mediation process may not be used to
deny or delay the individual's right to pursue resolution of the dispute
through a Due Process Hearing within the specified time period.
5.
Due Process
Hearing
A. A Due Process Hearing is a
proceeding whereby an individual who is dissatisfied with any determination
concerning the provision or denial of VR services may seek a review of agency
action before a hearing officer.
B.
The individual must request Due Process Hearing within thirty (30) calendar
days of the agency notice regarding the provision or denial of
service
C. If no request for a Due
Process Hearing is made within thirty (30) calendar days, the agency decision
becomes final.
D. The request for
Due Process Hearing shall be in writing and shall describe the basis for the
grievance. The request must be sent to the Director of DBVI who will
immediately forward the request to a qualified hearing officer. DBVI will
accommodate an individual's visual impairment and offer assistance, if
appropriate, in this process.
E.
The due processhearing shall be conducted within sixty (60) calendar days of
receipt of the request for a Due Process Hearing.
F. A Due Process Hearing shall be conducted
by an impartial hearing officer identified jointly by the Director of DBVI and
the State Rehabilitation Council of DBVI.
G. The DBVI VR program may not deny or
dismiss a request for Due Process Hearing unless the individual or his/her
representative:
(1) withdraws the request in
writing; or
(2) is adjudged by the
hearing officer to be in default for failure to appear at the hearing without
good cause.
H. The Due
Process Hearing shall be conducted and will include an opportunity for the
individual or the individual's representative to present witnesses and relevant
evidence. A decision will be issued in accordance with The Maine Administrative
Procedure Act.
I. The Due Process
Hearing officer shall issue a written decision containing findings and grounds
for the decision within thirty (30) days of the completion of the
hearing.
J. The hearing officer's
decision becomes final unless one of the parties requests a Civil
Action.
Any party who disagrees with the decision resulting from the
Due Process Hearing has the right to file a petition in Superior Court under
Rule 80C of the Maine Rules of Civil Procedure or a civil action for judicial
review in a state of federal court of competent jurisdiction under the Act
29 U.S.C. §
722(c)(5)(j).
