Connecticut Administrative Code › Title 10 - Education and Culture › 308 - Vocational Rehabilitation Services › Section 10-308-1a - Review of rehabilitation counselor determinations

Current through July 10, 2024
(a)
			 Any applicant or eligible individual who is dissatisfied with any
			 determinations made by a rehabilitation counselor concerning the furnishing or
			 denial of services may request, or if appropriate, may request through the
			 individual's representative, a timely review of those determinations. The
			 procedures established by the Vocational Rehabilitation Services Division shall
			 be in accordance with the following provisions:
(1) Informal Resolution. The Vocational
			 Rehabilitation Services Division may establish an informal process to resolve a
			 request for review without conducting a formal hearing. However, the informal
			 process shall be conducted and concluded within the time period established
			 under subdivision (2)(A) of this section for holding a formal hearing. If
			 informal resolution is not successful, a formal hearing shall be conducted by
			 the end of this same period, unless the parties jointly agree to a specific
			 extension of time.
(2) Formal
			 Hearing Procedures. The Vocational Rehabilitation Services Division shall
			 establish formal review procedures which provide that:
(A) a hearing by an impartial hearing
			 officer, selected in accordance with subsection (b) of this section, shall be
			 held within forty-five (45) days of an individual's request for review, unless
			 informal resolution was achieved prior to the forty-fifth (45th) day or the
			 parties jointly agreed to a specific extension time;
(B) the Vocational Rehabilitation Services
			 Division may not institute a suspension, reduction, or termination of services
			 being provided under an IWRP pending a final determination of the formal
			 hearing under subdivision (2) of this section or informal resolution under
			 subdivision (1) of this section, unless the individual or, in an appropriate
			 case, the individual's representative so requests or the Vocational
			 Rehabilitation Services Division has evidence that the services have been
			 obtained through misrepresentation, fraud, collusion, or criminal conduct on
			 the part of the individual;
(C) the
			 individual or, if appropriate, the individual's representative shall be
			 afforded an opportunity to present additional evidence, information, and
			 witnesses to the impartial hearing officer, to be represented by counsel or
			 other appropriate advocate, and to examine all witnesses and other relevant
			 sources of information and evidence;
(D) the impartial hearing officer shall make
			 a decision based on the provisions of the approved state plan, the Act, federal
			 vocational rehabilitation regulations, and state regulations and policies that
			 are consistent with federal requirements and shall provide to the individual
			 or, if appropriate, the individual's representative and to the Vocational
			 Rehabilitation Services Division Director a full written report of the findings
			 and grounds for the decision within thirty (30) days of the completion of the
			 hearing;
(E) if the Vocational
			 Rehabilitation Services Division Director decides to review the decision of the
			 impartial hearing officer, the director shall notify in writing the individual
			 or, if appropriate, the individual's representative of that intent within
			 twenty (20) days of the mailing of the impartial hearing officer's
			 decision;
(F) if the Vocational
			 Rehabilitation Services Division Director fails to provide the notice required
			 by subdivision (2)(E) of this section, the impartial hearing officer's decision
			 becomes a final decision;
(G) the
			 decision of the Vocational Rehabilitation Services Division Director to review
			 any impartial hearing officer's decision shall be based on standards of review
			 contained in written Vocational Rehabilitation Services Division
			 policy;
(H) if the Vocational
			 Rehabilitation Services Division Director decides to review the decision of the
			 impartial hearing officer, the director shall provide the individual or, if
			 appropriate, the individual's representative an opportunity to submit
			 additional evidence and information relevant to the final decision;
(I) the Vocational Rehabilitation Services
			 Division Director may not overturn or modify a decision, or part of a decision,
			 of an impartial hearing officer that supports the position of the individual
			 unless the director concludes, based on clear and convincing evidence, that the
			 decision of the impartial hearing officer is clearly erroneous because it is
			 contrary to the approved state plan, the Act, federal vocational rehabilitation
			 regulations, or state regulations or policies that are consistent with federal
			 requirements;
(J) within thirty
			 (30) days of providing notice of intent to review the impartial hearing
			 officer's decision, the Vocational Rehabilitation Services Division Director
			 shall make a final decision and provide a full report in writing of the
			 decision, including the findings and the statutory, regulatory, or policy
			 grounds for the decision, to the individual or, if appropriate, the
			 individual's representative;
(K)
			 the Vocational Rehabilitation Services Division Director may not delegate
			 responsibility to make any final decision to any other officer or employee of
			 the Vocational Rehabilitation Services Division; and
(L) except for the time limitations
			 established in subdivisions (2)(A) and (2)(E) of this section, the Vocational
			 Rehabilitation Services Division's review procedures may provide for reasonable
			 time extensions for good cause shown at the request of a party or at the
			 request of both parties.