D.C. Mun. Regs. tit. 29, r. 29-135

Current through Register Vol. 71, No. 43, October 25, 2024
Rule 29-135 - VOCATIONAL REHABILITATION (VR) DUE PROCESS SCOPE AND PROCEDURES
135.1

The purpose of these regulations is to establish procedures pursuant to the Rehabilitation Act of 1973, as amended, and 34 C.F.R. § 361.57, which provide an applicant or recipient of vocational rehabilitation or independent living services procedures for resolving disagreements with any determination concerning the furnishing or denial of vocational rehabilitation services.

135.2

An applicant or recipient of vocational rehabilitation or independent living services, who is dissatisfied with any determination made by Rehabilitation Services Administration personnel that affects the provision of vocational rehabilitation or independent living services may request, or if appropriate, may request through the person's representative, a timely review of the determination as provided in 34 C.F.R. § 361.57. The person has the right to pursue any or all of the following options:

(a) Informal administrative review meeting with the Vocational Rehabilitation Program Manager, or his or her designee;
(b) Mediation through the D.C. Office of Administrative Hearings, and;
(c) Impartial due process hearing before the D.C. Office of Administrative Hearings.
135.3

A service determination dispute may be resolved at any level within the appeal process. The appeal process is initiated when an applicant or recipient of services requests an informal administrative review meeting. However, an applicant or recipient of services is not precluded from beginning his or her appeal by requesting an impartial due process hearing, at which time the person can also request mediation.

135.4

[Repealed].

D.C. Mun. Regs. tit. 29, r. 29-135

Final Rulemaking published at 38 DCR 2034 (April 5, 1991); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612, 4613 (May 28, 2010); Final Rulemaking published at 68 DCR 12929 (12/10/2021)
Authority: D.C. Official Code § 7-761.09 (2007 Supp.)