Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-3 - BRAIN INJURY EXTENDED SUPPORT APPEALS PROCESS

Current through 2024-29, July 17, 2024
An applicant for or recipient of Extended Support services
				  who is dissatisfied with any determination made by the Bureau of Rehabilitation
				  Services concerning the furnishing or denial of services may request a timely
				  review of the determination. The Bureau shall make reasonable accessibility
				  accommodations for the individual with disabilities during the appeals process.
				  Whenever possible, the Bureau will attempt to resolve conflicts through
				  Informal Review or through Mediation. An individual may request a Due Process
				  Hearing immediately without having to go through other appeal steps.
1.
Informal Review
Whenever possible, Maine DVR or DBVI will attempt to resolve
				  conflicts informally, prior to Mediation or a Due Process Hearing. An
				  individual may request a meeting with the counselor, 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 go through
				  the informal process.
2.
Continuation of Services Pending Completion of the Hearing
Pending a final determination of an appeal hearing, the DVR
				  or DBVI may not suspend, reduce, or terminate services being provided under an
				  Individualized Plan of Employment (IPE), unless the services were obtained
				  through misrepresentation, fraud or collusion of the individual, or unless the
				  individual, or individual's authorized representative, requests suspension,
				  reduction, or termination of services.
3.
Time Frames
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.
B. An individual must request
				Mediation within thirty (30) calendar days of the agency notice regarding the
				provision or denial of services that is in question. The request shall be in
				writing, and the request shall describe the complaint. The request should be
				sent to the Director of DVR or DBVI who will immediately forward it to a
				qualified mediator.
C. The
				mediator will commence a mediation meeting within fifteen (15) calendar days of
				receipt of the request, and shall be held in a location that is convenient to
				the parties in the dispute.
D.
				Mediation will be conducted in accordance with the Court Alternative Dispute
				Resolution Service's (CADRES) standards on ethics and neutrality.
E. An agreement reached in the mediation
				process shall be set forth in a written mediation agreement, and shall be
				signed by both parties.
F.
				Discussions that occur during the mediation process shall be confidential and
				may not be used as evidence in any subsequent due process hearing or civil
				proceeding in accordance with CADRES confidentiality standards.
G. The individual may be represented at the
				mediation, including but not limited to, representation by the Client
				Assistance Program.
H. 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.