An applicant for or recipient of vocational rehabilitation services who is dissatisfied with any determination concerning the denial of services may request (or, if appropriate, may request through the individual's representative) a timely review of the determination. DBVI shall make reasonable accommodation to the individual's visual impairment in the conduct of the appeals process. Written notification of appeal rights will be provided to the individual at the time of application, when assigned an order of selection category, when an IPE is developed, and whenever DBVI VR services are reduced, suspended, or terminated. Notification will include the name and address of the person with whom an appeal may be filed and information regarding the Client Assistance Program.
Mediation and/or Due Process Hearings are provided at no cost to the individual; however, costs related to legal representation are not covered by DBVI.
1.Informal ReviewWhenever possible, DBVI will attempt to resolve conflicts informally prior to Mediation or a Due Process Hearing. An individual may request a meeting with the VRcounselor, 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 participate in the informal process.
2.Continuation of Services Pending Appeal Pending a final determination following an appeal hearing, the Division may not suspend, reduce, or terminate services being provided under an IPE, unless the services were obtained through misrepresentation, fraud or collusion or the individual, or the individual's authorized representative requests suspension, reduction or termination of services.
3.Time FramesThe formal appeal must take place within (60) sixty days from when the formal request is made to the Director. 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.MediationA. 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. Mediation is provided at no cost to the individual, but costs related to legal representation are not covered by DBVI.B. An individual must request Mediation within thirty (30) calendar days of the agency notice regarding the provision or denial of services that are in question. The request shall be in writing and shall describe the basis for the grievance. The request should be sent to the Director of DBVI who will immediately forward it to a qualified mediator.C. Upon receipt of the request, the mediator will commence a Mediation meeting within fifteen (15) calendar days. The Mediation shall be held at a location that is convenient to the parties to the dispute.D. Any agreement reached in the Mediation process shall be set forth in a written Mediation agreement and shall be signed by both parties. Copies of the signed agreement must be sent to both parties.E. Discussions that occur during the Mediation process shall be confidential and may not be used as evidence in any subsequent Due Process Hearing.F. The individual may be represented at the Mediation, including, but not limited to, representation by the Client Assistance Program.G. 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 HearingA. A Due Process Hearing is a proceeding whereby an individual who is dissatisfied with any determination concerning the provision or denial of VR services may seek a review of agency action before a hearing officer.B. The individual must request Due Process Hearing within thirty (30) calendar days of the agency notice regarding the provision or denial of serviceC. If no request for a Due Process Hearing is made within thirty (30) calendar days, the agency decision becomes final.D. The request for Due Process Hearing shall be in writing and shall describe the basis for the grievance. The request must be sent to the Director of DBVI who will immediately forward the request to a qualified hearing officer. DBVI will accommodate an individual's visual impairment and offer assistance, if appropriate, in this process.E. The due processhearing shall be conducted within sixty (60) calendar days of receipt of the request for a Due Process Hearing.F. A Due Process Hearing shall be conducted by an impartial hearing officer identified jointly by the Director of DBVI and the State Rehabilitation Council of DBVI.G. The DBVI VR program 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 hearing officer to be in default for failure to appear at the hearing without good cause.H. 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 will be issued in accordance with The Maine Administrative Procedure Act.I. The Due Process Hearing officer shall issue a written decision containing findings and grounds for the decision within thirty (30) days of the completion of the hearing.J. The hearing officer's decision becomes final unless one of the parties requests a Civil Action.Any party who disagrees with the decision resulting from the Due Process Hearing has the right to file a petition in Superior Court under Rule 80C of the Maine Rules of Civil Procedure or a civil action for judicial review in a state of federal court of competent jurisdiction under the Act 29 U.S.C. § 722(c)(5)(j).
12- 150 C.M.R. ch. 101, § 3