New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Subchapter 19 - CLIENT APPEAL RIGHTS
Section 10:95-19.1 - Recording of concerns by clients

Universal Citation: NJ Admin Code 10:95-19.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Clients of the Commission for the Blind and Visually Impaired (or their agents), their parents, guardians, advocates or legal representative may record their dissatisfaction with a determination with regard to the furnishing or denial of vocational rehabilitation services by contacting their vocational counselor, the vocational counselor's supervisor, the office manager, the Executive Unit at (973) 648-2324 or the VR Chief at (973) 648-4796. All applicants/clients for vocational rehabilitation services and, as appropriate, their representatives shall also be advised through appropriate modes of communication of their right to request an administrative review, mediation and/or a fair hearing. All requests for an administrative review, mediation, or fair hearing shall be made in writing and addressed to the Executive Director of the Commission for the Blind and Visually Impaired. The claimant may obtain assistance in completing the request for the review from the vocational counselor, the VR Supervisor, the office manager, the VR Chief or the Executive Unit. At any point, a client can by-pass the process and request a fair hearing before an Administrative Law Judge. Clients shall promptly be informed of the Client Assistance Program, in appropriate media or format for that individual, when recording their dissatisfaction with a determination regarding the delivery or denial of vocational rehabilitation services, and upon making any request for administrative review, mediation, or fair hearing regarding such services.

1. An on-the-record administrative review is a paper review of the client's file conducted by a Commission supervising administrator.

2. An in-person administrative review is a review conducted by a Commission supervising administrator with all relevant parties present.

3. Mediation is defined by 12:45-1.16(a)16 as a voluntary process in which a mediator, or an impartial third party, facilitates a problem solving discussion in order to assist the parties to a dispute in reaching an agreement. The mediator acts as neither a judge nor as advocate. The mediator does not decide which party is at fault, nor does he or she determine the manner in which the dispute should be resolved.

4. A fair hearing is a formal proceeding before an Administrative Law Judge and conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Rules, N.J.A.C. 1:1.

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