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 10:95-19.2 - Appeal of vocational rehabilitation decision

Universal Citation: NJ Admin Code 10:95-19.2

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

(a) Upon request for an administrative review, either in person or on the record, the Executive Director shall assign a supervisory employee to conduct the review. Neither the reviewer assigned this task for his or her immediate supervisor shall have had any direct part in the dispute under review. The assigned reviewer shall have current vocational rehabilitation experience and knowledge and shall conduct the review within 30 working days of the request for review.

(b) Upon receipt of a request for mediation, the Executive Director shall determine whether the Commission agrees to mediation and so notify the client within 10 days of receiving the request for mediation. If mediation is agreed to, the Executive Director shall forward the request to the Public Defender's Office of Dispute Settlement who shall conduct a mediation session within 30 working days of the request for mediation.

(c) The review or mediation session shall be held at a mutually convenient day and time between 9:00 A.M. and 5:00 P.M. Monday through Friday. The administrative review will be conducted at a regional or central office of the Commission. If the claimant is unable to arrange for transportation in order to be present at the review/mediation session, the Commission will make arrangements to provide transportation.

(d) The claimant shall be notified of the date, time and place of the review or mediation in advance of the session and will be advised of the right to representation by counsel, friend, Client Assistance Program (located in New Jersey Protection and Advocacy, Inc., at 1-800-922-7233), parent, guardian, self or other representative.

1. A claimant who wishes to represent himself or herself shall be 18 years of age or older.

2. A claimant who wishes to be represented by counsel shall make those arrangements independent of the reviewer, except that the reviewer shall inform the claimant that a list of private attorneys is available from the bar association of the county where the client is domiciled.

(e) All correspondence, recommendations, or scheduling of a session shall be in a medium accessible to the client.

(f) The claimant and his or her representative shall be given an opportunity for cross-examination and to present evidence and/or witnesses on his or her behalf during the administrative review and an opportunity to submit evidence and information at the mediation session.

(g) Within 30 days of completing an administrative review, the reviewer shall submit a written report of findings and recommendations to the Executive Director who shall make a decision in the matter.

1. The Executive Director's decision shall be communicated to the claimant in writing five days after the findings and recommendations are communicated to the Executive Director. The Executive Director's decision shall be considered the final decision in the matter, unless the claimant requests a fair hearing in accordance with 10:95-19.3.

(h) The Office of Dispute Settlement shall oversee and manage the mediation process. This shall include providing qualified and impartial mediators whose selection and conduct is guided by the "Model Standards of Conduct for Mediators" approved by the American Arbitration Association, the Litigation Section and the Dispute Resolution Section of the American Bar Association, and the Society of Professionals in Dispute Resolution. It is the role of the mediator to facilitate a voluntary resolution to the matter in dispute.

1. If the mediation does not result in agreement, the mediator shall document the date and the participants at the meeting.

2. Discussions that occur during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearings or civil proceedings.

3. If the mediation results in agreement, the conclusions shall be incorporated into a written agreement, and signed by each party and placed in the consumer's service record. The written agreement shall be in a medium accessible to the client.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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