Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-3 - DBVI - VR APPEALS PROCESS

Current through 2024-29, July 17, 2024
An applicant for or recipient of vocational rehabilitation
				  services who is dissatisfied with any determination concerning the denial of
				  services may request (or, if appropriate, may request through the individual's
				  representative) a timely review of the determination. DBVI shall make
				  reasonable accommodation to the individual's visual impairment in the conduct
				  of the appeals process. Written notification of appeal rights will be provided
				  to the individual at the time of application, when assigned an order of
				  selection category, when an IPE is developed, and whenever DBVI VR services are
				  reduced, suspended, or terminated. Notification will include the name and
				  address of the person with whom an appeal may be filed and information
				  regarding the Client Assistance Program.
Mediation and/or Due Process Hearings are provided at no
				  cost to the individual; however, costs related to legal representation are not
				  covered 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 VRcounselor, 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 participate in the informal
				  process.
2.
Continuation of Services Pending Appeal
Pending a final determination following an appeal hearing,
				  the Division may not suspend, reduce, or terminate services being provided
				  under an IPE, unless the services were obtained through misrepresentation,
				  fraud or collusion or the individual, or the individual's authorized
				  representative requests suspension, reduction or termination of
				  services.
3.
Time
				Frames
The formal appeal must take place within (60) sixty days from
				  when the formal request is made to the Director. The time frames listed under
				  Section
				  4. Mediation and 5. Due Process
				  Hearing may be waived if both parties agree to an extension of time in order to
				  conduct the Mediation or hearing, and render a decision.
4.
Mediation
A. Mediation is a voluntary process conducted
				by a qualified and impartial mediator. At any point during the Mediation
				process, either party, or the mediator, may elect to terminate the Mediation.
				Mediation is provided at no cost to the individual, but costs related to legal
				representation are not covered by DBVI.
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 a qualified
				mediator.
C. Upon receipt of the
				request, the mediator will commence a Mediation meeting within fifteen (15)
				calendar days. The Mediation shall be held at a location that is convenient to
				the parties to the dispute.
D. Any
				agreement reached in the Mediation process shall be set forth in a written
				Mediation agreement and shall be signed by both parties. Copies of the signed
				agreement must be sent to both parties.
E. Discussions that occur during the
				Mediation process shall be confidential and may not be used as evidence in any
				subsequent Due Process Hearing.
F.
				The individual may be represented at the Mediation, including, but not limited
				to, representation by the Client Assistance Program.
G. 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.