An applicant for or recipient of Extended Support services
who is dissatisfied with any determination made by the Bureau of Rehabilitation
Services concerning the furnishing or denial of services may request a timely
review of the determination. The Bureau shall make reasonable accessibility
accommodations for the individual with disabilities during the appeals process.
Whenever possible, the Bureau will attempt to resolve conflicts through
Informal Review or through Mediation. An individual may request a Due Process
Hearing immediately without having to go through other appeal steps.
1.
Informal Review
Whenever possible, Maine DVR or DBVI 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
or DBVI 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 or DBVI 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 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 or DBVI 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 or
DBVI will accommodate an individual's disability and offer assistance, if
appropriate, in this process. The request should be sent to the Director of DVR
or DBVI who will immediately forward the request to a qualified hearing
officer.
E. A pre-hearing
conference may 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 assigned on a random basis, from the pool of
qualified persons identified jointly by the Director of Maine DVR or DBVI and
the State Rehabilitation Council.
H. Maine DVR or DBVI 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.
