Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-3 - MAINE DVR APPEALS PROCESS

Current through 2024-29, July 17, 2024
An applicant for, or recipient of, vocational rehabilitation
				  (VR) services who is dissatisfied with any determination 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 the determination. Maine DVR shall make
				  reasonable accommodations to the individual's disability in the conduct of the
				  appeals process. Written notification of appeals rights, including the name and
				  address of the person with whom an appeal may be filed, and the availability of
				  the Client Assistance Program, will be provided to individuals at application,
				  when assigned an Order of Selection Category, when an IPE is developed, and
				  whenever VR services are reduced, suspended, or terminated. Mediation and/or
				  Due Process Hearings are provided at no cost to the individual, but costs
				  related to legal representation is not provided by Maine DVR.
1. Informal Review
Whenever possible, Maine DVR will attempt to resolve
				  conflicts informally, prior to Mediation or a Due Process Hearing. An
				  individual may request a meeting with the counselor, the appropriate
				  supervisor, and/or a Client Assistance Program representative, if desired, to
				  explore options for resolving any conflicts. An individual may request
				  Mediation or a Due Process Hearing immediately, without having to go through
				  the informal process.
2.
				Continuation of Services Pending Completion of the Hearing
Pending a final determination of an appeal hearing, the DVR
				  may not suspend, reduce, or terminate services being provided under an
				  Individualized Plan of Employment (IPE), unless the services were obtained
				  through misrepresentation, fraud or collusion of the individual, or unless the
				  individual, or individual's authorized representative, requests suspension,
				  reduction, or termination of services.
3. Time Frames
The time frames listed under Section
				  4. Mediation and 5. Due Process Hearing
				  may be waived if both parties agree to an extension of time in order to conduct
				  the Mediation or Hearing, and render a decision.
4. Mediation
A. Mediation is a voluntary process conducted
				by a qualified and impartial mediator. At any point during the mediation
				process, either party, or the mediator, may elect to terminate the
				mediation.
B. An individual must
				request Mediation within thirty (30) calendar days of the agency notice
				regarding the provision or denial of services that is in question. The request
				shall be in writing, and the request shall describe the complaint. The request
				should be sent to the Director of DVR who will immediately forward it to a
				qualified mediator.
C. The mediator
				will commence a mediation meeting within fifteen (15) calendar days of receipt
				of the request, and shall be held in a location that is convenient to the
				parties in the dispute.
D.
				Mediation will be conducted in accordance with the State of Maine's Judicial
				Branch Court Alternative Dispute Resolution Service's (CADRES) standards on
				ethics and neutrality.
E. An
				agreement reached in the mediation process shall be set forth in a written
				mediation agreement, and shall be signed by both parties.
F. Discussions that occur during the
				mediation process shall be confidential and may not be used as evidence in any
				subsequent due process hearing or civil proceeding in accordance with CADRES
				confidentiality standards.
G. The
				individual may be represented at the mediation, including but not limited to,
				representation by the Client Assistance Program.
H. The Mediation process may not be used to
				deny or delay the individual's right to pursue resolution of the dispute
				through a due process hearing within the specified time period.