32 Miss. Code. R. 21-4-4.1.1

Current through December 10, 2024
Section 32-21-4-4.1.1 - Informal Review Procedures

The entire informal review process, including mediation, shall be completed within a maximum of 15 days from the date of the receipt of the original request for an informal review to the date of the decision letter from the Director of the Office of Vocational Rehabilitation. The requestor may stop this informal process, including mediation, at any point (or bypass it entirely) and request the dispute be sent to an Impartial Hearing Officer for a formal review.

1. Within a maximum of 3 days from receipt of the original verbal/written request for an informal review, the District Manager having line supervision over the requestor's counselor shall:
a. contact the requestor to set up appointment (time, date, place) for the informal review--this review date should be no later than 5 days from the receipt of the original verbal/written request for an informal review;
b. advise the requestor of the availability and function of the Mississippi Client Assistance Program;
c. advise the requestor that he/she may attend the review in person and, if he/she desires, be accompanied by a family member or an advocate from the Client Assistance Program; or any individual selected by the client to represent him/her,
d. contact the requestor if additional information is needed prior to the review; and,
e. offer mediation as a means of settling the dispute.
2. The requestor is to be notified immediately of the District Manager's decision. The District Manager may notify the requestor verbally of his/her decision. However, this is to be followed up with notification to the requestor via Certified Mail, return receipt requested, with a copy to the case file. The letter shall:
a. state the matter(s) in dispute,
b. include the rationale for the decision, and,
c. advise the requestor to notify the Director of the Office of Vocational Rehabilitation (verbally or in writing), no later than five days from the receipt of the letter, if he/she is dissatisfied and wishes to have the Office Director review the decision, wishes to have the dispute mediated, or proceed with the formal review.
3. If the requestor seeks a review from the Director of the Office of Vocational Rehabilitation, this review must be conducted within a maximum of 15 days from the original request for an informal review. The review by the Office Director is to document review and does not necessitate the presence of the applicant or client. Should mediation be requested, the process must be completed no later than 15 days from the original request for an informal review.
4. The requestor is to be notified immediately of the Office Director's decision. The Office Director may notify the requestor verbally of his/her decision. However, this is to be followed up with notification to the requestor via Certified Mail, return receipt requested, with a copy to the case file. The letter shall:
a. state the matter(s) in dispute;
b. include the rationale for the decision;
c. advise the requestor to notify the Office Director (verbally or in writing), no later than five days from the receipt of the letter, if he/she is dissatisfied and wishes to proceed with the formal review by an Impartial Hearing Officer;
d. advise the requestor that an Impartial Hearing Officer will be selected at random from a list of qualified Impartial Hearing Officers; and,
e. advise the requestor that mediators are available should he/she choose mediation as a means to settle the dispute.

32 Miss. Code. R. 21-4-4.1.1