Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0023 - Vocational Rehabilitation - General › Chapter 1 - GENERAL › Section 1-1 - Appeals Procedures

Current through July 13, 2024
(a) All applicants
				and clients shall be informed of the procedures for informal as well as formal
				resolution of disagreements, including the name and address of the
				Administrator of the designated state unit (DSU) with whom appeals for an
				Administrative Review, Mediation and Formal Hearings are to be directed in
				writing. (Department of Workforce Services, Division of Vocational
				Rehabilitation, 1100 Herschler Building, Cheyenne, Wyoming 82002).
(b) Applicants and clients shall be given the
				name and address of the Client Assistance Program (C.A.P.) (638-7668 or
				1-800-821 -3091) and the description of services available from this source.
				Applicants and clients will be notified in writing of individual's rights and
				availability of assistance from C.A.P. at application, when the IPE is
				developed and when rehabilitation services are reduced or suspended.
(c) Any applicant for or recipient of
				vocational rehabilitation services who is dissatisfied with a determination
				made by personnel of the DSU that effect the provision of vocational
				rehabilitation services concerning the furnishing or denial of services may
				request a timely review of those determinations. Applicants who are found
				ineligible for services and previously eligible individuals who are determined
				to be no longer eligible for services are permitted to challenge the
				determination of ineligibility. The individual has the right to be represented
				by a person of their choice at all levels of appeals and they have the right to
				submit evidence. If informal resolution fails, a formal hearing will be
				conducted within 60 days of the written request. The CAP is available to assist
				the applicant or eligible individual during all levels of the appeals
				process.
(d) The appeal procedures
				may begin at any level. The DVR appeals process consists of four levels:
(i) Level 1: Informal Review: If the client
				is dissatisfied with a decision made by his/her counselor and it can't be
				resolved by discussing the issue with the counselor, he/she can request that
				the area manager review the decision. The counselor will help schedule the
				managerial review.
(ii) Level 2:
				Administrative Review: Administrative review of the decision will be completed
				by a previously uninvolved Vocational Rehabilitation administrative staff
				person. The applicant or client is encouraged to participate in the informal
				review and in the administrative review. The decision will be provided to the
				client in written form along with a description of how client can access the
				next level in the appeals process.
(iii) Level 3: Mediation: The mediation
				process is voluntary on the part of all parties, is not used to deny or delay
				the right of the individual to a formal hearing or to deny any other right
				afforded to the individual under Title I of the Act, and is conducted by a
				qualified and impartial mediator who is trained in effective mediation
				techniques. A list of qualified mediators will be maintained by the state. The
				state will pay the cost of mediation and formal hearing. Mediation will be
				scheduled in a timely manner and in a convenient location for all the parties
				of the dispute. All discussions that occur during mediation will be kept
				confidential. If an agreement is reached, that agreement must be put in
				writing.
(iv) Level 4: Formal
				Review (Fair Hearing): Formal review (fair hearing) will be conducted by an
				Impartial Hearing Officer (IHO) from the Office of Administrative Hearings
				(OAH). Applicants and eligible individuals have the right to be represented
				during the mediation and formal review. The Fair Hearing will be held within 60
				days of receipt of the client's request for review unless the parties jointly
				agree to a specific extension of the time. Selection of the IHO will be in
				accordance with the requirements of Section 102(c)(5) of the Rehabilitation
				Act, as amended.