California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 12 - Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures › Article 1 - General Provisions and Administrative Reviews › Section 7351 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  applicant, client, former client, or student with a disability of the Vocational
				  Rehabilitation or Independent Living Services programs who is dissatisfied with any
				  action or inaction of the Department relating to the application for or receipt of
				  services, shall have an opportunity for a prompt administrative review by the
				  supervisory staff of the Department and/or a formal fair hearing. Any applicant,
				  client, former client, or student with a disability of the Vocational Rehabilitation
				  program may also request mediation by a qualified impartial mediator to resolve
				  disputes involving any action or inaction of the Department that affects the
				  provision of vocational rehabilitation services.
(b) Any applicant, client, former client, or
				  student with a disability, who believes he/she has been discriminated against by a
				  Department employee, a contractor or grantee of the Department, or an employee of a
				  contractor or grantee based upon any of the protected statuses of race, color,
				  religious creed, ancestry, national origin, sexual orientation, marital status,
				  medical condition, physical or mental disability, sex, or age shall have an
				  opportunity for a prompt administrative review by the supervisory staff or, as
				  appropriate, by a contractor or grantee, and/or an informal Equal Employment
				  Opportunity Counselor review followed, when necessary, by a formal investigation by
				  the Department's Office of Civil Rights and Affirmative Action.
(c) The administrative review process is optional
				  and shall not delay a fair hearing or, in the case of alleged discrimination, an
				  informal Equal Employment Opportunity Counselor review followed, when necessary, by
				  a formal investigation by the Department's Office of Civil Rights and Affirmative
				  Action, unless the appellant or complainant and/or authorized representative and the
				  Department agree to a delay. The mediation process is also optional and shall not
				  delay a fair hearing, unless all parties agree to a continuation of the
				  hearing.
(d) Notwithstanding (b), an
				  applicant, client, former client, or student with a disability may file a formal
				  complaint with the U.S. Department of Education, Office for Civil Rights at any
				  time.
(e) Any service(s) currently being
				  provided an individual under an Individualized Plan for Employment (IPE) shall not
				  be suspended, reduced, or terminated pending a final determination pursuant to
				  administrative review provided pursuant to Section
				  7353 or the final decision pursuant to
				  Section 7358, unless:
(1) The individual or his/her authorized
				  representative so requests; or
(2) The
				  Department has determined that services have been obtained through
				  misrepresentation, fraud, collusion, or criminal conduct on the part of the
				  appellant or the appellant's authorized representative, as specified in
				  29 USC §
												722(c)(7).