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 32-10-4-4.3 - IMPARTIAL DUE PROCESS HEARING

Current through June 25, 2024
The impartial due process hearing is to be conducted and completed by an Impartial Hearing Officer within 60 days from the day the individual makes the original request for a review of a determination unless an informal resolution or a mediation agreement is achieved prior to the 60th day or both parties agree to a specific extension of time. This includes any days utilized as part of the informal review. 38 All Impartial Hearing Officers are selected at random from a list of qualified impartial hearing officers jointly identified by the agency and the SRC39. 40
1. The individual, or if appropriate, a
				parent, guardian, or other representative shall be furnished an opportunity to
				present additional witnesses, evidence and information to the Impartial Hearing
				Officer.
The individual or his/her representative will also be given
				  the opportunity to be represented by counsel or other appropriate advocate and
				  examine all witnesses and other relevant sources of information and evidence. 
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2. The Impartial Hearing Officer must: 
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* Make a decision based on the provisions of the approved VR
				  portion of the Unified or Combined State Plan, the
				  Act,43 federal VR regulations, and state regulations
				  and policies that are consistent with federal requirements; and
* Provide to the individual or, if appropriate, the
				  individual's representative and to the agency a full written report of the
				  findings and grounds for the decision within 30 days of the completion of the
				  hearing. CAP, if involved in the hearing, should also receive a copy of the
				  report.
3. The Requestor
				Shall:
* Receive timely notice of all events and/or proceedings
				  related to the hearing; and
* Be heard, present evidence, call witnesses, cross-examine
				  witnesses, be represented by counsel at his/her own expense (if he/she so
				  chooses), and receive a written decision based on the evidence. 
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4. Once the Impartial Hearing Officer has
				established the date, place, and time of the hearing, written notice (in
				language understandable to the requestor) shall be provided to the requestor
				via Certified Mail, return receipt requested, and to the Executive Director of
				MDRS.
Such notice shall contain:
* The name and address of the requestor and the requestor's
				  file number;
* The name and address (including the District/Region) of the
				  requestor's counselor;
* A brief statement of the matter(s) in conflict;
* A brief statement of the date, place, and time of the
				  hearing, and
* The right of the individual or, as appropriate, his/her
				  representative, to submit information that supports his/her
				  position.
5. Issues in
				dispute may be resolved informally at any point in the process by stipulation,
				agreed settlement, consent order, default, or by another method agreed upon by
				the parties. An informal disposition shall be reduced to writing, signed by the
				parties, and made a part of the record of the proceedings. 
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The record of a formal review shall include:
* The notice of a formal review;
* A copy of the request for the review, specifying the
				  matter(s) in dispute;
* The informal review decision(s), if any;
* All evidence received during the review (informal and
				  formal);
* A statement of all matters officially noticed;
* All questions, offers of proof, objections, and rulings
				  thereon;
* A transcript of the hearing proceedings; and,
* The written decision of the Impartial Hearing
				  Officer.
6. The hearing
				shall be recorded by a certified court reporter. A copy of the transcript may
				be requested by either party (in addition to the official copy) with the
				expense of transcribing and reproducing the copy being charged to that party.
				The record of the proceedings shall be confidential and maintained by
				OVR/OVRB.
Rules of Evidence
1. The technical rules of evidence shall be
				relaxed to the degree specified by the Impartial Hearing Officer.
2. All witnesses shall be sworn in by the
				court reporter, testify under oath, and be subject to
				cross-examination.
3. The Impartial
				Hearing Officer shall have the authority and discretion to admit into the
				record any and all evidence that has a reasonable degree of relevance to the
				dispute. The Impartial Hearing Officer shall have broad discretion to exclude
				evidence that is irrelevant, immaterial, or unduly cumulative to the matter(s)
				in dispute. Questions of admissibility should be decided in favor of
				admissibility even if only remotely relevant.
4. The Impartial Hearing Officer shall cause
				documents that are offered for admission into evidence to be marked and
				attached to the record of the proceedings.
Order of Proceedings
1. The requestor shall be the first to
				present his or her principle case. The case may be presented by direct
				examination of witnesses with an opportunity for cross-examination, redirect
				examination, and introduction of documentary evidence.
2. At the close of the requestor's
				presentation, the agency shall present its principle case. The agency shall be
				afforded the same opportunity for direct, cross and redirect examination of
				witnesses, and introduction of documentary evidence.
Impartial Hearing Officer
is and individual
				  who: 
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* Is not an employee of a public agency (other than an
				  administrative law judge, hearing examiner, or employee of an institution of
				  higher education);
* Is not a member of the OVR/OVRB State Rehabilitation
				  Council;
* Has not been involved previously in the vocational
				  rehabilitation of the applicant or eligible individual;
* Has knowledge of the delivery of vocational rehabilitation
				  services, the State plan, and the Federal and State regulations governing the
				  provision of services;
* Has received training with respect to the performance of
				  official duties; and
* Has no personal, professional, or financial interest that
				  would be in conflict with the objectivity of the individual.
An individual is not considered to be an employee of a public
				  agency for the purposes of this definition solely because the individual is
				  paid by the agency to serve as a hearing officer.