Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.8 - Review, Mediation and Appeal Processes

Current through Register Vol. 47, No. 3, July 24, 2024
At all times throughout the rehabilitation process,
				  individuals accessing any IVRS services shall be informed of the right to
				  appeal or mediation and the procedures by which to file. If an individual is
				  dissatisfied with any agency decision that directly affects the individual, the
				  individual or designated representative may appeal that decision or request
				  mediation. The term "appellant" shall be used to indicate the individual or
				  designated representative who initiates an appeal. The appellant may initiate
				  the appeal process either by calling a counselor or supervisor or by filing the
				  appropriate division appeal form, available from any counselor or supervisor of
				  the division. If the appeal process or mediation is initiated by telephone, the
				  counselor or supervisor who received the call must complete the appeal form to
				  the best of that person's ability with information from the appellant. The
				  division shall accept as an appeal or request for mediation a written letter,
				  facsimile, or electronic mail that indicates that the applicant or job
				  candidate desires to appeal or seek mediation. An appeal or mediation request
				  must be filed within 90 days of notification of the disputed decision. Once the
				  appeal form or request for mediation has been filed with the division
				  administrator, a hearing shall be held before an impartial hearing officer
				  (IHO) or mediator within the next 60 days unless an extension of time is
				  mutually agreed upon or one of the parties shows good cause for an extension or
				  one of the parties declines mediation. The appellant may request that the
				  appeal go directly to impartial hearing, but the appellant shall be offered the
				  opportunity for a supervisor review or mediation. The appellant may request
				  assistance with an appeal or mediation from the Iowa client assistance program
				  (ICAP) at any time in the appeal process.
(1)
Supervisor review.
As a
				first step, the appellant shall be advised that a supervisor review of the
				counselor's decision may be requested by notifying the counselor or supervisor
				in person, by telephone or by letter of the decision to appeal. If the
				supervisor has been involved in decisions in the case to the extent that the
				supervisor cannot render a fair and impartial decision or if the supervisor is
				not available to complete the review in a timely manner, the appeal and case
				file shall be forwarded to the bureau chief for review. The appellant is not
				required to request supervisor review as a prerequisite for appeal before an
				IHO; however, ifa supervisor review is requested, the following steps shall be
				observed:
a. Upon receipt of a request for
				supervisor review, the supervisor shall notify all appropriate parties of the
				date and nature of the appeal; examine case file documentation; discuss the
				issues and reasons for the decision with the immediate counselor and other
				counselors who may have been previously involved with the case or issue; and,
				if necessary, meet with any or all parties to discuss the dispute.
b. The supervisor shall have ten working days
				from receipt of the request for supervisor review to decide the issue and
				notify the appellant in writing. A copy of the supervisor's decision shall be
				sent to all appropriate parties.
c.
				If the supervisor's decision is adverse to the appellant, the copy of the
				written decision given to the appellant shall include further appeal
				procedures, including notification that the appellant has ten days from the
				date of the letter to file further appeal.
d. As an alternative to, but not to the
				exclusion of, filing for further appeal, the appellant may request mediation of
				the supervisor's decision or review by the chief of the rehabilitation services
				bureau.