North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 89 - VOCATIONAL REHABILITATION
Subchapter B - PROCEDURE
Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS
Section 89B .0210 - MEDIATION
Current through Register Vol. 39, No. 6, September 16, 2024
(a) If both parties agree to mediation, the mediation shall take place prior to the appeals hearing.
(b) Mediation shall not be used to deny or delay an individual's right to speedy complaint resolution. The mediation shall be completed in a period that also allows for convening of an appeals hearing after mediation within the 45-day time required under 34 C.F.R. 361.57(b) unless both parties sign a written agreement for a specific extension of time.
(c) An individual to conduct the mediation shall be selected from a list of qualified and impartial mediators that is maintained by the Division. Individuals on the list of qualified mediators shall:
(d) Each mediation session shall be scheduled in a timely manner and held in a location that is convenient to the parties involved.
(e) The Division shall bear the cost of the mediation.
(f) Parties involved shall sign a confidentiality pledge prior to the process indicating that discussions which occur during the mediation process shall be confidential and may not be used as evidence in any subsequent appeals hearing or civil proceeding. No evidence that is otherwise discoverable shall be inadmissable merely because it is presented or discussed during mediation.
(g) If an agreement is reached during mediation, it shall be in writing and signed by both parties.
Authority
G.S.
143-546.1;
150B-1;
34 C.F.R.
361.57;
P.L.
105-220, s. 102(c);
Eff. February 1,
1976;
Amended Eff. July 1, 2000; April 1, 1997; September 1,
1989;
Pursuant to
G.S.
150B-21.3A rule is necessary without
substantive public interest Eff. March 1,
2016.
