HAR §17-400.1-5
HAR §17-400.1-5. for the individual
Cite as Haw. Code R. § 17-400.1-5
(b) The division shall provide each applicant or
eligible individual or, as appropriate, the
individual’s representative, notice of:
(1)
The right to obtain review of any
determinations made by personnel of the
division that affect the provision of VR
services through an impartial due process
hearing in accordance with section 17-400.1-
7;
(2)
The right to pursue mediation with respect
to determinations made by personnel of the
division that affect the provision of VR
services, prior to hearing, in accordance
with the mediation process under section 17-
400.1-6;
(3)
The names and addresses of individuals with
whom requests for mediation or due process
hearings may be filed;
(4)
The manner in which a mediator may be
selected consistent with the requirements of
section 17-400.1-6(a)(7), or the manner in
which an impartial hearing officer may be
selected consistent with the requirements of
section 17-400.1-7(a)(3)(B); and
(5)
The availability of the Client Assistance
Program of the Hawaii Disability Rights
Center to assist the applicant or eligible
individual during mediation sessions or
impartial due process hearings.
(c)
Such notification shall be provided in
writing:
(1)
At the time the individual applies for
vocational rehabilitation services under
section 17-401.1-4;
(2)
At the time the individual is assigned to a
category in the division’s order of
selection, when the division has established
an order of selection under section 17-
401.1-5;
(3)
At the time the individualized plan for
400.1-9
§17-400.1-5
employment (IPE) is developed; and
(4)
Whenever vocational rehabilitation services
for an individual are reduced, suspended, or
terminated.
(d)
Applicants who are found ineligible for VR
services and previously eligible individuals who are
determined to be no longer eligible for VR services
pursuant to section 17-401.1-8, are permitted to
challenge the determinations of ineligibility under
the procedures described in this section. [Eff
AUG 13 2007] (Auth: HRS §§347-4, 348-3, 348-6; 29
U.S.C. §722(c); 34 C.F.R. §361.57) (Imp: HRS §§347-4,
348-3, 348-6; 29 U.S.C. §722; 34 C.F.R. §361.57)