Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM › Section 152-7-3 - ILS PROGRAM APPEALS PROCESS

Current through 2024-29, July 17, 2024
An applicant for or recipient of the IL Services who is
				  dissatisfied with any determination made by an ILS Program staff concerning the
				  furnishing or denial of services may request (or, if appropriate, may request
				  through the individual's duly authorized representative) a timely review of the
				  determination. ILS Program services shall make reasonable accommodation as
				  required in the conduct of the appeals process.
1. Whenever possible, ILS Program staff shall
				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 a Client Assistant Program (CAP) representative, if
				desired, to explore options for resolving any conflicts.
2. Continuation of Services Pending
				Completion of the Hearing
Pending a final determination of an appeal hearing, the ILS
				  Program may not suspend, reduce, or terminate services being provided under an
				  Independent Living Plan (ILP), unless the services were obtained through
				  misrepresentation, fraud or collusion of the individual or duly authorized
				  representative, or the individual or duly authorized representative requests
				  suspension, reduction, or termination of services.
3. Time Frames
The time frames listed under Section 3.3 M ediation and 3.4
				  Due Process Hearing may be waived if both parties agree to an extension of time
				  in order to conduct the Mediation or Hearing or to render a decision.
4. Mediation
A. The Department of Labor Mediation process
				is an option to resolve conflicts when a resolution is not possible informally.
				Mediation is voluntary for both parties and either party may withdraw at any
				time. The goal of the mediation is to help the parties reach a mutually
				satisfactory resolution of their dispute.
B. An individual must request Mediation
				within thirty (30) calendar days of the ILS Program notice regarding the
				provision or denial of services that are 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 the Department
				of Labor, Division of Administrative Hearings.
C. The Division of Administrative Hearings
				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 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
				included in the case record.
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. Representation may include but is not limited to, representation by
				the Client Assistance Program.