Section 47.01.01.103 - FAIR HEARING PROCESSAn option available to any customer who is dissatisfied with any determination made by Division personnel that affects the provision of vocational rehabilitation services. A customer may request a fair hearing immediately without going through any other appeal steps. A customer or if appropriate their representative may request a timely review of the determination. Such requests must be made within twenty-one (21) calendar days of the Division's decision resulting in the initial disagreement or within twenty-one (21) calendar days of the conclusion of the informal review or mediation process, whichever is later. The fair hearing will be conducted by a fair hearing officer.
01.Written Request. Requests for a fair hearing must be submitted in writing to the field services chief and state the customer's dissatisfaction with the agency's decision.02.Timeline. The hearing will be conducted within sixty (60) calendar days of receipt of the individual's request, unless resolution is achieved prior to the 60th day, or both parties agree to a specific extension of time.03.Fair Hearing Officers. The Division Administrator, or designee, and the State Rehabilitation Council will jointly maintain a list of fair hearing officers. The Administrator and the customer will select the fair hearing officer from the list.04.Written Report. The fair hearing officer will issue a written report of the decision within thirty (30) calendar days of the completion of the hearing.05.Decision. The decision of the fair hearing officer will be considered final by the Division.06.Dispute. Any party who disagrees with the decisions of a fair hearing officer will have the right to bring a civil action with respect to the matter in dispute. The action may be brought in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy.Idaho Admin. Code r. 47.01.01.103