Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.8 - Dispute Resolution Process

Current through Register Vol. 47, No. 3, July 24, 2024
This rule defines the procedures under which the dispute
				resolution process, required by the Rehabilitation Act of 1973, shall be
				conducted by the department.
(1)
Definitions.
"Administrative review"
means a procedure by
				which the department may provide an opportunity for an applicant or eligible
				individual to express and seek remedy for dissatisfaction with a decision
				regarding the furnishing or denial of services.
"Formal hearing "
means a procedure whereby an
				applicant or eligible individual who is dissatisfied with the findings of an
				administrative review or mediation concerning the furnishing or denial of
				services may request a timely review of those determinations before an
				impartial hearing officer.
While the department encourages the use of the administrative
				review process to resolve grievances, the administrative review process is not
				to be used as a means to delay mediation or a formal hearing before an
				impartial hearing officer unless the parties jointly agree to a delay. An
				applicant or eligible individual may elect to proceed directly either to
				mediation or to the formal hearing process. The department will not suspend,
				reduce, or terminate vocational rehabilitation services to any applicant or
				eligible individual throughout the administrative review, mediation or formal
				hearing process before a final agreement or decision is made, unless the
				applicant or eligible individual or, as appropriate, the applicant's or
				eligible individual's representative so requests, or the department has
				evidence that the services have been obtained through misrepresentation, fraud,
				collusion, or criminal conduct on the part of the applicant or eligible
				individual.
"Mediation"
means an alternative which an
				applicant or eligible individual may choose if the applicant or eligible
				individual is dissatisfied with the findings of an administrative review
				concerning the furnishing or denial of services.
(2)
Administrative review.
An applicant or eligible individual may request review of a decision regarding
			 furnishing or denial of services with which the applicant or eligible
			 individual is dissatisfied by submitting a letter to the program administrator
			 of field operations.
a. The program
			 administrator shall acknowledge receipt of the letter and arrangements shall be
			 made for the administrative review to be held at a mutually convenient date,
			 time, and place which shall be within ten days after receipt of the request for
			 review. The applicant or eligible individual shall also be notified of the
			 applicant's or eligible individual's right to obtain assistance through the
			 Iowa client assistance program.
b.
			 The administrative review shall consist of review of the case file and any
			 other documentation involved in the subject matter of the review; interviews
			 with the service specialists for the blind and any others directly involved
			 with the subject matter of the review; and an interview with the applicant or
			 eligible individual or, as appropriate, a representative of the applicant or
			 eligible individual.
c. The program
			 administrator shall issue a written decision within five days of the review.
			 The decision shall set forth the issue, principle, and relevant facts
			 established during the review; pertinent provision of law, administrative rule
			 or department policy; and the reasoning upon which the decision is based. The
			 letter transmitting the decision shall advise the applicant or eligible
			 individual that the applicant or eligible individual shall inform the program
			 administrator within seven days that either:
(1) the applicant or eligible individual
			 accepts the decision; or
(2) the
			 applicant or eligible individual does not accept the decision and wishes to
			 proceed either to mediation or to a formal hearing.
d. A record of the decision and any action
			 resulting from the decision shall be sent to the applicant or eligible
			 individual by mail. The decision and a record of any action resulting from the
			 decision shall be entered into the case file.