New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 101 - VOCATIONAL REHABILITATION - PROCEDURAL SAFEGUARDS
Part 2 - FAIR HEARINGS AND ALTERNATIVE DISPUTE RESOLUTIONS RELATED TO VOCATIONAL REHABILITATION
Section 6.101.2.7 - DEFINITIONS

A. "Applicant" means an individual applying for NMDVR services, and includes any representative of the applicant, such as a guardian, legal counsel, or other advocate.

B. "Burden of proof" means the responsibility of the party asserting a claim to prove that the claim is valid through the introduction of credible evidence.

C. "Client assistance program" or "CAP" means a nonprofit agency separate from the NMDVR that receives federal funds to provide information about and referral to services for individuals with a disability. The CAP also provides case advocacy for applicants and recipients to facilitate access to services funded under the Rehabilitation Act of 1973, as amended.

D. "Collateral estoppel" means a legal doctrine that prevents a party from relitigating an issue that was resolved in a previous lawsuit or administrative proceeding, even if the issue relates to a different claim.

E. "Determination" means any decision made by personnel of the NMDVR that affects the provision of vocational rehabilitation services to an applicant or recipient.

F. "Fair hearing" means a voluntary impartial due process hearing in which an impartial hearing officer conducts a hearing to review a disputed determination, hears testimony and reviews evidence from the parties, and issues a written decision setting forth the findings and grounds for the decision.

G. "Fraud" means a scheme that involves submitting false or misleading information to the NMDVR in order to obtain a service.

H. "Good cause" means a substantial reason or legal justification for failing to appear, to request a continuance of any due process proceedings, to act, or to respond to an action. Good cause events are unforeseen and beyond the control of the party and include, but are not limited to, the following:

I. "Individualized plan for employment" or "IPE" means a written agreement to help a recipient with a disability who qualifies for services to find, get, and keep a job. It is designed to achieve an employment outcome consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

J. "New Mexico state rehabilitation council" means the entity that reviews, analyzes, and advises the NMDVR regarding all rehabilitation programs and policies administered by the NMDVR under the Rehabilitation Act Amendments of 1998.

K. "Mediation" means a voluntary process by which the parties meet with an independent and impartial qualified mediator to assist them in settling differences or disputes prior to pursuing formal administrative or other legal remedies.

L. "Mediation agreement" means a written legal contract developed during mediation. Once a mediation agreement has been signed by both parties, it is binding.

M. "Misrepresentation" means an intentionally or negligently false representation made verbally, by conduct, or by nondisclosure or concealment, by an applicant or recipient for the purpose of deceiving, defrauding, or causing the NMDVR to rely on the representation in order to obtain a service.

N. "Preponderance of evidence" means the standard by which the party with the burden of proof shall show evidence to prove that the claim is more likely than not to be true.

O. "Recipient" means the individual receiving NMDVR services, and includes any representative of the recipient, such as a guardian, legal counsel, or other advocate.

P. "Relevant evidence" means evidence that is relevant if reasonable inferences can be drawn that shed light on a contested matter.

Q. "Res judicata" means a legal doctrine that another party cannot relitigate a matter for the same cause of action if a final judgement based on merits has been made previously in a lawsuit or administrative proceeding.

R. "Vocational rehabilitation services" means those services identified in 29 USC Section 723, which are provided to individuals with disabilities.