D.C. Mun. Regs. tit. 29, r. 29-136

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-136 - NOTICE AND RIGHT TO DUE PROCESS REMEDIES

136.1

Pursuant to 34 C.F.R. § 361.57, each applicant or recipient of vocational rehabilitation or independent living services shall be informed in writing, that he or she is entitled to each of the following:

(a) The right to request an informal administrative review meeting, mediation or impartial due process hearing;

(b) An informal administrative review meeting, mediation or impartial due process hearing;

(c) The availability of the Client Assistance Program (CAP) to assist the applicant or consumer during the informal administrative review meeting, mediation or impartial due process hearing;

(d) The right to request a qualified interpreter, fluent in the primary language (including sign language) of the applicant/recipient of services or other methods of communication used by a person due to his or her disability; and

(e) The right to request auxiliary aids to ensure that communications with persons with hearing, vision, or speech impairments are as effective as communications with others. "Auxiliary aids" include, but are not limited to, such services or devices as qualified interpreters, assistive listening devices, television captioning and decoders, telecommunications devices for deaf persons (TDDs), videotext displays, readers, taped texts, Braille materials, large print materials, and material in electronic format.

136.2

An applicant, recipient of services, or his or her authorized representative shall receive written notification of his or her due process remedies, at the following times:

(a) During the intake interview;

(b) When assigned to an order of selection category;

(c) Upon the signing of an Individualized Plan for Employment or Independent Living Plan; and

(d) Upon reduction, suspension, or termination (including case closure) of any determination concerning the furnishing or denial of vocational rehabilitation services.

D.C. Mun. Regs. tit. 29, r. 29-136

Final Rulemaking published at 38 DCR 2034 (April 5, 1991); as amended by 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612, 4614 (May 28, 2010); Final Rulemaking published at 68 DCR 12929 (12/10/2021)

Authority: D.C. Official Code § 7-761.09 (2007 Supp.)