Section 218-RICR-50-00-2.10 - REVIEW OF DETERMINATIONS (MEDIATION/APPEALS)A. Applicants and eligible individuals, or as appropriate, the individual's parent, guardian, or representative, 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 Social Services/Independent Living Program and/or the provision of specific services to the applicant or individual with a disability. Information about the Client Assistance Program (CAP), administrative reconsideration, mediation, and informal appeals hearing are shared with applicants and eligible individuals.C. The applicant or eligible individual must be advised of her/his appeal rights:1. When s/he applies for services;2. Upon reduction, suspension, or cessation of services for the individual.D. The applicant or eligible individual must be informed 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. Must take place within fifteen (15) days of the request. The decision is rendered orally at the review.2. Mediation - in accordance with 34 C.F.R. § 361.57(b)(5)(d), incorporated above, mediation allows an applicant or eligible individual to resolve disputes involving determinations made by ORS that affect the provision of services by providing evidence and other information supporting their position, whenever a request is made for an impartial due process hearing. Individual may have representation by counsel or other advocate during this process. 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. A written mediation agreement 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's request for review of a determination made by ORS unless informal resolution or mediation agreement is achieved prior to the sixtieth (60th) day, or all parties agree to specific extension of time. An applicant or eligible individual can at this time present evidence and other information supporting their position, and present witnesses. Individual 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 (IHO) within twenty (20) days after the decision. If neither party requests this review, the decision of the hearing officer becomes the final decision of the agency on the twenty-first (21st) day after the decision is issued. 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, unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous.5. Judicial Review - any party who disagrees with the findings and 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 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 Social Services/Independent Living 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.218 R.I. Code R. 218-RICR-50-00-2.10
Amended effective 6/4/2023