Current through Register Vol. XLI, No. 50, December 13, 2024
Section 130-4-7 - Hearings7.1. After applying for Attendant Care Services, the applicant will be evaluated by a certified evaluation unit.7.2. The recommendations of the certified evaluation unit are forwarded to the Division.7.3. If the decision is to deny an applicant for Attendant Care services, the applicant shall have the right to appeal the decision under the following Division guidelines, as more specifically outlined in Section 2300 of the West Virginia Division of Vocational Rehabilitation Case Services Manual.(a) Local Reconciliation-This procedure is done at the local level on an informal basis. The purpose of a local reconciliation is to settle the matter locally without having to go to the expense of an administrative review and a possible fair hearing. Those present at the local reconciliation are the applicant, the applicant's rehabilitation counselor, and the counselor's immediate supervisor.(b) Administrative Review-When local reconciliation fails to satisfy the applicant, he/she has the right to request and receive an administrative review. The review will consist of a detailed examination of the complaint as stated by the applicant, a review of the recommendations made by the certified evaluation unit, and any statements made by the applicant's rehabilitation counselor or the applicant in response to requests of the reviewing official. The client has the right to be at the administrative review.(c) Fair Hearing-If the applicant is not satisfied with the decision made by the reviewing official at the administrative review, he/she has a right to request and receive a fair hearing. The fair hearing will be conducted by a disinterested Agency employee appointed by the Director on the basis of the employee's demonstrated ability in conducting hearings. The hearing is to be held not later than thirty (30) days from the date received by the Hearing Examiner. The Hearing Examiner will prepare a detailed summary of the hearing and submit it to the Chairman, Board of Review, within fifteen (15) working days from the date of the hearing. The Chairman, Board of Review, will submit the Board's recommendation to the Director. The Director will act on the recommendation within ten (10) working days of its receipt. The Chairman, Board of Review, will prepare a letter to the client advising him of the decision of the fair hearing as arrived at by the Director. The decision of the director in the fair hearing is final and binding on the part of the Agency. After the decision is made, the applicant's recourses for relief from within the Agency are exhausted. Any client has the right to seek judicial review after all administrative appeals are exhausted.