D.C. Mun. Regs. tit. 29, r. 29-138

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

Rule 29-138 - REQUEST FOR AN INFORMAL ADMINISTRATIVE REVIEW MEETING/TIMELINESS

138.1

A request for an informal administrative review meeting must be submitted in writing within ten (10) business days of the determination that affected the provision of vocational rehabilitation services. The time limits in this section may be extended by the Deputy Director, Quality Assurance and Performance Management Administration (QAPMA), when good cause is shown by one party or at the request of both parties. This request must be addressed to:

Quality Assurance and Performance Management Administration

Attention: Deputy Director

D.C. Department on Disability Services

250 E Street, NW, 6th Floor

Washington, DC 20024

138.2

Within five (5) business days after the request is received, the Deputy Director of QAPMA will do the following:

(a) Forward the request to the State Director, or his or her designee; and

(b) Send a written notification to the applicant/recipient of services stating the date, time and location of the informal administrative review meeting. Notification shall be in an Americans with Disabilities Act (ADA) compliant format, including:

(1) in the mode of the applicant or service recipient's choice, including large print, Braille, tape, disk; and

(2) provided via e-mail and/or U.S. First Class Mail.

138.3

(a) Within five (5) business days of receiving the request from the QAPMA Deputy Director, the State Director, or his or her designee, will personally meet with the applicant/recipient of services and his or her authorized representative, unless such meeting is inconvenient for both parties and both parties record this inconvenience in writing. If both parties are unable to meet in person, they will participate in a telephonic conference not later than five (5) business days after receipt of the request from the QAPMA Deputy Director; and

(b) The State Director, or his or designee, will provide a written report of the outcome of the informal administrative review to the QAPMA Deputy Director and the applicant or recipient of services, no later than ten (10) business days following the conclusion of the meeting. This report shall include notice of the person's right to request an impartial due process hearing, which may include mediation, in accordance with 34 C.F.R. § 361.57.

138.4

(a) If all parties agree that the issue(s) addressed during the informal administrative review meeting have been successfully resolved, the State Director will place a written note in the applicant or recipient's case record noting the vocational rehabilitation counselor will implement the agreed upon resolution within ten (10) business days, absent any unforeseen circumstances outside of the counselor's immediate control;

(b) If the parties are unable to resolve the issue(s) addressed during the informal administrative review meeting, the person shall have the right to request an impartial due process hearing, which may include mediation, in accordance with 34 CFR § 361.57 and the notice provided pursuant to subparagraph 138.3(b) above; and

(c) Notification shall be in an Americans with Disabilities Act (ADA) compliant format, including:

(1) in the mode of the applicant or recipient's choice, including large print, Braille, tape, disk; and

(2) provided via email and/or U.S. First Class Mail.

D.C. Mun. Regs. tit. 29, r. 29-138

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, 4616 (May 28, 2010); Final Rulemaking published at 68 DCR 12929 (12/10/2021)

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