Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 105 - INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED PROGRAM RULES › Section 150-105-7 - APPEALS PROCESS

Current through 2024-29, July 17, 2024
An applicant for or recipient of the Program who is
				  dissatisfied with any determination made by Program staff 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.
				  The Program shall make reasonable accommodation to the individual's disability
				  in the conduct of the appeals process. Written notification of appeal rights
				  shall be provided to individuals at application, when a plan is developed, and
				  whenever services are reduced, suspended, or terminated. Notification shall
				  include the name and address of the person with whom an appeal may be filed and
				  the availability of the Client Assistance Program. Mediation and/or due process
				  hearings are provided at no cost to the individual, but costs related to legal
				  representation are not provided by DBVI.
1. Informal Review
Whenever possible, DBVI 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 Appeals Process
Pending completion of the appeals process, DBVI may not
				  suspend, reduce, or terminate services being provided under a Service Plan,
				  unless the services were obtained through misrepresentation, fraud or collusion
				  or the individual or individual's representative requests or agrees to,
				  suspension, reduction or termination of services.
3. Mediation
A. Mediation is a voluntary process conducted
				by a qualified and impartial mediator.
B. An individual must request mediation
				within thirty (30) calendar days of the agency notice regarding the provision
				or denial of services that are in question. The request shall be in writing and
				shall describe the basis for the grievance. The request should be sent to the
				Director of DBVI who will immediately forward it to the Department of Labor,
				Division of Administrative Hearings.
C. The Division of Administrative Hearings
				will schedule a mediation within fifteen (15) days of receipt of request. The
				mediation will be held at a location that is convenient to the parties to the
				dispute.
D. Mediation shall be
				conducted in accordance with the Court Alternative Dispute Resolution Service's
				(CADRES) standards on ethics and neutrality. At any point during the mediation
				process, either party or the mediator may elect to terminate the
				mediation.
E. Any 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
				confidentially standards.
G. The
				individual may be represented at the mediation, including but not limited to
				representation by the Client Assistance Program. DBVI is not obligated to cover
				the cost of applicant's legal representative.
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.