Section 218-RICR-50-00-1.9 - REVIEW OF DETERMINATIONS (MEDIATION/APPEALS)A. Applicants and eligible individuals, or as appropriate, the individual's parent, guardian, or any other representative chosen by individual, hereinafter referred to as "individual with a disability", are advised of her/his rights in accordance with 34 C.F.R. § 361.57, incorporated above.B. These rights include a review of determinations about eligibility for the VR Program and/or the provision of specific services to the applicant or individual with a disability. Information about the Client Assistance Program (CAP), informal administrative review, mediation, and informal due process hearing are shared with applicants and eligible individuals with a disability.C. The applicant or eligible individual with a disability must be advised of her/his appeal rights in accordance with 34 C.F.R. § 361.57(b), incorporated above: 1. When s/he applies for vocational rehabilitation services;2. Upon assignment to a Wait List based on Order of Selection;3. At the time his/her Individualized Plan for Employment (IPE) is developed;4. Upon reduction, suspension, or cessation of vocational rehabilitation services for the individual.D. The applicant or eligible individual with a disability must be informed in writing about the following options for review: 1. Informal Administrative Review - an informal process for resolving a request for review without conducting mediation or a formal hearing where the Administrator reviews the case. This meeting must take place within fifteen (15) days of the request. The decision is rendered at the review.2. Mediation - in accordance with 34 C.F.R. § 361.57(d), incorporated above, mediation allows an applicant or eligible individual with a disability to resolve disputes involving determinations made by ORS that affect the provision of vocational rehabilitation services in a location and manner convenient to the parties. Mediation must be offered whenever an individual with a disability requests an impartial due process hearing, and must allow the opportunity to present evidence and other information supporting their position. The individual with a disability may have representation by counsel or other advocate during this process. This meeting must be held within fifteen (15) days of the request.a. Discussions that occur during the mediation process must be kept confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings, and the parties may be required to sign a confidentiality pledge prior to the commencement of the process.b. Any agreement reached by the parties must be described in a written mediation agreement that is developed with assistance of the impartial mediator, and signed by all parties. A copy is sent to both parties.3. Impartial Due Process Hearing - a hearing conducted by an Impartial Hearing Officer that must be held within sixty (60) days of the applicant's or eligible individual with a disability's request for review of a determination made by ORS unless informal resolution or mediation agreement is achieved prior to the 60th day, or all parties agree to specific extension of time. An applicant or eligible individual with a disability can at this time present evidence and other information supporting their position, and present witnesses, as well as examine all witnesses and evidence. The individual with a disability may have representation by counsel or other advocate during this process. A written decision, including the findings of fact and the grounds for the decision, will be sent to both parties within thirty (30) days of the completion of the Hearing.4. Director's Option to Review Impartial Hearing Officers' Decision - Either party may request a review of the decision of the Impartial Hearing Officer within twenty (20) days of the mailing of the decision. If neither party requests this review, the decision of the hearing officer becomes the final decision of the agency twenty (20) days after the mailing of the decision issued.a. The reviewing official will not overturn or modify the decision of the IHO, or part of the decision that supports the position of the applicant or eligible individual with a disability, unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous on the basis that it is contrary to the approved vocational rehabilitation services portion of the Unified State Plan, the Act, Federal vocational rehabilitation regulations, or State regulations and policies that are consistent with Federal requirements.b. Both parties have the opportunity to submit additional evidence or information for the Director's review at this time.c. The reviewing official will render a final written decision within thirty (30) days of the initial request to review.d. The reviewing official will provide a written final decision to both parties, i.e., the applicant or individual with a disability or individual's representative and to ORS.5. Judicial Review - any party who disagrees with the findings and final decision after a Director's Review of the Impartial Hearing Officers' Decision has the right to bring a civil action with respect to the matter of the dispute.E. The individual with a disability must submit a "Request for Mediation/Impartial Due Process Hearing" (ORS-121) within thirty (30) days of the date on the denial letter from the Vocational Rehabilitation Program to initiate any of these reviews.F. A hearing request may be denied or dismissed when it is determined that it has been abandoned. Abandonment may occur when, without good cause, an applicant or individual with a disability fails to appear at a hearing.G. Services (including evaluation, assessment, and plan development) must continue and not be suspended, reduced, or terminated pending informal review, a review by a mediator, hearing officer, or Director review (i.e., pending a final decision), unless the individual with a disability so requests.218 R.I. Code R. 218-RICR-50-00-1.9
Amended effective 6/4/2023