Washington Administrative Code
Title 67 - Blind, Department of Services for the
Chapter 67-25 - Vocational rehabilitation and services for blind persons
Section 67-25-600 - Resolving a disagreement about vocational rehabilitation services
Current through Register Vol. 24-06, March 15, 2024
(1) If at any time during the vocational rehabilitation process the department makes a decision relating to the provision of vocational rehabilitation services that a participant does not agree with, the participant or the participant's representative has the right to use one or more of the following options to resolve the issue:
(2) Efforts to reach agreement with the vocational rehabilitation counselor or supervisor will not be used to deny or delay mediation or a fair hearing.
(3) Mediation is voluntary and must be agreed to by both the participant and the department. Mediation is not used to deny or delay a fair hearing. A participant may request both mediation and a fair hearing at the same time if agreement is:
(4) Mediation is conducted by a trained mediator who knows the laws and rules about vocational rehabilitation services and who does not work for the department. The mediator does not make case service decisions.
(5) During mediation, the mediator:
(6) If agreement is reached during mediation, the department will provide a written statement of the agreement to the participant. Agreements made through mediation are not legally binding.
(7) The participant may choose to be represented by a family member, advocate or other individual at the mediation meeting.
(8) The department schedules mediation sessions in a timely manner at a convenient location to all parties.
(9) The department pays for costs related to mediation, except costs related to a representative or attorney engaged by the participant.
(10) The department will pay for vocational rehabilitation services necessary for the participant to engage in mediation, such as transportation or child care.
(11) Information discussed during mediation is kept confidential and may not be used in a later hearing or civil proceeding, if one is held. Before beginning a mediation session, all parties must sign a statement of confidentiality.
(12) A fair hearing is a proceeding as outlined under the Administrative Procedure Act, chapter 34.05 RCW and chapter 388-02 WAC. An administrative law judge who works for the office of administrative hearings holds a fair hearing.
(13) A participant who does not agree with a decision made by the department about eligibility or vocational rehabilitation services may ask for a fair hearing within forty-five calendar days of that decision.
(14) To ask for a fair hearing, the participant must send a written request to the office of administrative hearings. The written request must include:
(15) The office of administrative hearings must hold a formal hearing within sixty days of receipt of written request for a hearing, unless:
(16) After the participant submits a request for a fair hearing, the department will offer the participant a prehearing meeting. The prehearing is optional for the participant and can be conducted in person, by telephone, or by another method agreeable to both parties. The purpose of the prehearing meeting is to:
(17) During the formal hearing, the participant and the department may present information, witnesses and/or documents to support their position.
(18) The participant may choose to be represented by an attorney, a relative, or someone else;
(19) The administrative law judge makes a decision after:
(20) The office of administrative hearings sends a written report of the findings and decisions to the customer and to the department within thirty days of the formal hearing.
(21) The office of administrative hearings decision is final and the department must implement the decision.
(22) If a participant does not agree with the office of administrative hearings decision, the individual may pursue civil action through superior court to review that decision.
(23) The department will not suspend, reduce, or terminate services to a participant while waiting for a formal hearing decision, unless the department believes the participant: