Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 33 - Iowa Vocational Rehabilitation Services › Rule 877-33.9 - 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 is to 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 is to be held before an 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, if a 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.