An applicant for, or recipient of, vocational rehabilitation
(VR) services who is dissatisfied with any determination made by a
rehabilitation counselor concerning the furnishing or denial of services may
request (or, if appropriate, may request through the individual's
representative) a timely review of the determination. Maine DVR shall make
reasonable accommodations to the individual's disability in the conduct of the
appeals process. Written notification of appeals rights, including the name and
address of the person with whom an appeal may be filed, and the availability of
the Client Assistance Program, will be provided to individuals at application,
when assigned an Order of Selection Category, when an IPE is developed, and
whenever VR services are reduced, suspended, or terminated. Mediation and/or
Due Process Hearings are provided at no cost to the individual, but costs
related to legal representation is not provided by Maine DVR.
1. Informal Review
Whenever possible, Maine DVR will attempt to resolve
conflicts informally, prior to Mediation or a Due Process Hearing. An
individual may request a meeting with the counselor, the appropriate
supervisor, and/or a Client Assistance Program representative, if desired, to
explore options for resolving any conflicts. An individual may request
Mediation or a Due Process Hearing immediately, without having to go through
the informal process.
2.
Continuation of Services Pending Completion of the Hearing
Pending a final determination of an appeal hearing, the DVR
may not suspend, reduce, or terminate services being provided under an
Individualized Plan of Employment (IPE), unless the services were obtained
through misrepresentation, fraud or collusion of the individual, or unless the
individual, or individual's authorized representative, requests suspension,
reduction, or termination of services.
3. Time Frames
The time frames listed under Section
4. Mediation and 5. Due Process Hearing
may be waived if both parties agree to an extension of time in order to conduct
the Mediation or Hearing, and render a decision.
4. Mediation
A. Mediation is a voluntary process conducted
by a qualified and impartial mediator. At any point during the mediation
process, either party, or the mediator, may elect to terminate the
mediation.
B. An individual must
request Mediation within thirty (30) calendar days of the agency notice
regarding the provision or denial of services that is in question. The request
shall be in writing, and the request shall describe the complaint. The request
should be sent to the Director of DVR who will immediately forward it to a
qualified mediator.
C. The mediator
will commence a mediation meeting within fifteen (15) calendar days of receipt
of the request, and shall be held in a location that is convenient to the
parties in the dispute.
D.
Mediation will be conducted in accordance with the State of Maine's Judicial
Branch Court Alternative Dispute Resolution Service's (CADRES) standards on
ethics and neutrality.
E. An
agreement reached in the mediation process shall be set forth in a written
mediation agreement, and shall be signed by both parties.
F. Discussions that occur during the
mediation process shall be confidential and may not be used as evidence in any
subsequent due process hearing or civil proceeding in accordance with CADRES
confidentiality standards.
G. The
individual may be represented at the mediation, including but not limited to,
representation by the Client Assistance Program.
H. The Mediation process may not be used to
deny or delay the individual's right to pursue resolution of the dispute
through a due process hearing within the specified time period.
5. Due Process Hearing
A. Due Process Hearing is a procedure whereby
an individual who is dissatisfied with any determinations concerning the
provision or denial of DVR services may seek a re-determination of agency
action before an impartial hearing officer.
B. The individual must request a Due Process
Hearing within thirty (30) calendar days of the agency notice regarding the
provision or denial of service, if Mediation was not requested.
C. If no request for Due Process Hearing is
made within thirty (30) calendar days, the agency decision is considered
final.
D. The request for Due
Process Hearing shall be in writing, and shall describe the complaint. Maine
DVR will accommodate an individual's disability and offer assistance, if
appropriate, in this process. The request should be sent to the Director of DVR
who will immediately forward the request to a qualified hearing
officer.
E. A pre-hearing
conference will be held to clarify issues and explore options for resolving
grievances.
F. The Due Process
Hearing shall be conducted within sixty (60) calendar days of receipt of the
request for Due Process Hearing.
G.
A Due Process Hearing shall be conducted by an impartial hearing officer
identified jointly by the Director of Maine DVR and the State Rehabilitation
Council.
H. Maine DVR may not deny
or dismiss a request for Due Process Hearing unless the individual or his/her
representative:
(1) withdraws the request in
writing; or
(2) is adjudged by the
Due Process Hearing Officer to be in default for failure to appear at the
hearing without good cause.
I. The Due Process Hearing shall be conducted
and will include an opportunity for the individual or the individual's
representative to present witnesses and relevant evidence. A
decision shall be issued in accordance with Maine's Administrative Procedure
Act, 5 M.R.S.A. Chapter 375, subchapter IV.
J. The Due Process Hearing Officer will issue
a full written report of the findings and grounds for the decision within
thirty (30) days of the completion of the hearing.
K. The Hearing Officer's decision is final
unless either party brings a civil action.
6. Civil Action
Any party who disagrees with the final decision of the Due
Process Hearing has the right to file a petition in Superior Court under Rule
80C of the Maine Rules of Civil Procedure or a civil action for judicial review
in a state or federal court of competent jurisdiction under the Act,
29 U.S.C. §
722(c)(5)
(J).
