Current through 2024-38, September 18, 2024
An applicant for or recipient of the IL Services who is
dissatisfied with any determination made by an ILS Program staff concerning the
furnishing or denial of services may request (or, if appropriate, may request
through the individual's duly authorized representative) a timely review of the
determination. ILS Program services shall make reasonable accommodation as
required in the conduct of the appeals process.
1. Whenever possible, ILS Program staff shall
attempt to resolve conflicts informally prior to Mediation or a Due Process
Hearing. An individual may request a meeting with the counselor, the
appropriate supervisor, and a Client Assistant Program (CAP) representative, if
desired, to explore options for resolving any conflicts.
2. Continuation of Services Pending
Completion of the Hearing
Pending a final determination of an appeal hearing, the ILS
Program may not suspend, reduce, or terminate services being provided under an
Independent Living Plan (ILP), unless the services were obtained through
misrepresentation, fraud or collusion of the individual or duly authorized
representative, or the individual or duly authorized representative requests
suspension, reduction, or termination of services.
3. Time Frames
The time frames listed under Section 3.3 M ediation and 3.4
Due Process Hearing may be waived if both parties agree to an extension of time
in order to conduct the Mediation or Hearing or to render a decision.
4. Mediation
A. The Department of Labor Mediation process
is an option to resolve conflicts when a resolution is not possible informally.
Mediation is voluntary for both parties and either party may withdraw at any
time. The goal of the mediation is to help the parties reach a mutually
satisfactory resolution of their dispute.
B. An individual must request Mediation
within thirty (30) calendar days of the ILS Program notice regarding the
provision or denial of services that are in question. The request shall be in
writing and the request shall describe the complaint. The request should be
sent to the Director of DVR who will immediately forward it to the Department
of Labor, Division of Administrative Hearings.
C. The Division of Administrative Hearings
will commence a mediation meeting within fifteen (15) calendar days of receipt
of the request and shall be held in a location that is convenient to the
parties in the dispute.
D.
Mediation will be conducted in accordance with the Court Alternative Dispute
Resolution Service's (CADRES) standards on ethics and neutrality.
E. An agreement reached in the mediation
process shall be set forth in a written mediation agreement and shall be
included in the case record.
F.
Discussions that occur during the mediation process shall be confidential and
may not be used as evidence in any subsequent due process hearing or civil
proceeding in accordance with CADRES confidentiality standards.
G. The individual may be represented at the
mediation. Representation may include but is not limited to, representation by
the Client Assistance Program.
5. Due Process Hearing
A. A Due Process Hearing is a procedure
whereby an individual who is dissatisfied with any determination concerning the
provision or denial of ILS Program services may seek a re-determination of ILS
Program action before an impartial hearing officer.
B. The individual must request a Due Process
Hearing within thirty (30) calendar days of the ILS Program notice regarding
the provision or denial of service if Mediation was not requested.
C. If no request for Due Process Hearing is
made within thirty (30) calendar days, the ILS Program decision is considered
final.
D. The request for Due
Process Hearing shall be in writing and shall describe the complaint. The ILS
Program will accommodate an individual's disability and offer assistance in
this process. The request should be sent to the Director of DVR who will
immediately forward the request to the Department of Labor, Division of
Administrative Hearings.
E. A
pre-hearing conference will be held to clarify issues and explore options for
resolving the dispute.
F. The Due
Process Hearing shall be conducted within sixty (60) calendar days of receipt
of the request for Due Process Hearing.
G. A Due Process Hearing shall be conducted
by an impartial hearing officer assigned on a random basis, from the pool of
qualified persons identified jointly by the Director of DVR and the State
Rehabilitation Council.
H. The ILS
Program and DVR 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 Due
Process Hearing Officer to be in default for failure to appear at the hearing
without good cause.
I.
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 shall be issued in accordance with Maine's
Administrative Procedure Act, 5 M.R.S.A., Chapter 375, subchapter IV.
J. The Due Process Hearing Officer
shall issue a full written report of the findings and grounds for the decision
within thirty (30) days of the completion of the hearing.
K. The Hearing Officer's decision is final
unless either party brings a civil action.
5. Civil Action
Any party who disagrees with the final decision of the Due
Process Hearing has the right to file a petition in Superior Court under Rule
80C of the Maine Rules of Civil Procedure.
