Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-4-4 - Hearing And Mediation Procedures › Section 32-10-4-4.1 - Informal Dispute Resolution

Current through June 25, 2024
OVR/OVRB has the authority to implement the informal review process when it is likely to result in a timely resolution of the issue(s) in disagreement. OVR/OVRB/OBD does not have the authority to require the applicant or client to use the informal review process or mediation prior to or instead of the provision of a formal hearing by an Impartial Hearing Officer. OVR/OVRB/OBD will not use the informal review process or mediation as a means to delay a formal review unless the parties jointly agree to the delay. 32
The timing of the informal review and/or mediation must take into account the fact that should the informal process not result in a resolution of the dispute, the informal and formal process must be concluded within 60 days of the date the individual requests a review of the rehabilitation counselor's decision or determination, unless both parties agree to a specific extension of the time period. 33
Informal Dispute Resolution Procedures
1. The
				manager, having line supervision over the staff whose determination is in
				dispute shall:
* Contact the requestor to set an appointment (time, date,
				  and place) for the informal review;
* Advise the requestor of the availability and function of
				  the CAP;
* Advise the requestor that he/she may attend the review in
				  person and, if he/she desires, be accompanied by a family member or an advocate
				  from CAP; or any individual selected by the individual to represent
				  him/her;
* Contact the requestor if additional information is needed
				  prior to the review; and
* Offer mediation and/or an impartial hearing as a means of
				  settling the dispute.
2. The
				requestor is to be notified immediately of the manager's decision. The manager
				may notify the requestor verbally of his/her decision; however, this is to be
				followed up with notification to the requestor via Certified Mail, return
				receipt requested, with a copy to the service record. The letter shall:
* State the matter(s) in dispute;
* Include the rationale for the decision, and
* Advise the requestor to notify the appropriate Office
				  Director (verbally or in writing), no later than five days from the receipt of
				  the letter, if he/she is dissatisfied and wishes to have the Director review
				  the decision, wishes to have the dispute mediated, or proceed with the formal
				  review.
3. The review by the
				Office Director is a document review and does not require the presence of the
				requestor.
4. The requestor is to
				be notified immediately of the Office Director's decision. The Office Director
				may notify the requestor verbally of his/her decision; however, this is to be
				followed up with notification to the requestor via Certified Mail, return
				receipt requested, with a copy to the service record. The letter shall:
* State the matter(s) in dispute;
* Include the rationale for the decision;
* Advise the requestor to notify the Office Director
				  (verbally or in writing), no later than five days from the receipt of the
				  letter, if he/she is dissatisfied and wishes to proceed with the formal review
				  by an Impartial Hearing Officer;
* Advise the requestor that an Impartial Hearing Officer will
				  be selected at random from a list of qualified Impartial Hearing Officers;
				  and,
* Advise the requestor that mediators are available should
				  he/she choose mediation as a means to settle the dispute.
The requestor may stop the informal process, including mediation, at any point (or bypass it entirely) and request the dispute be sent to an Impartial Hearing Officer for a formal review.