Procedures for Appeal

(1) Any applicant, eligible individual or authorized representative may request a timely review of any determination made by the Commission about a vocational rehabilitation program service with which he or she is in disagreement. The Commission‘s appeal process consists of: an optional informal administrative review, an optional mediation, and if issues remain unresolved, a fair hearing. (2) Upon filing for a fair hearing, an individual may request the Commission to initiate an informal administrative review and/or mediation without prejudice to his or her right to a de novo fair hearing. The 60 day time limit may be extended by agreement of both parties in the event that a fair hearing is needed to resolve issues that were not settled through the informal administrative review and mediation processes 1.04: continued The individual who chooses mediation as his or her first step in the appealprocess and who is not satisfied with the decision, has the right to then choose a fair hearing but not an informal administrative review as the next step in the appeal process (3) Time parameters that apply to the Commission’s appeal process require: (a) an individual who seeks a review of a Commission determination must request that review in writing within 30 days after receiving notice of the action or determination that the individual seeks to challenge. (b) the Commission’s appeal coordinator shall schedule all reviews in a timely manner but no later than ten days after receipt of the request; the Commission reserves the right to waive the time requirement in the event of extraordinary circumstances or when the limitations imposed by the individual’s disability have contributed to the delay in filing. (c) all fair hearings must be held within 60 days of the receipt of the request, unless informal resolution or a mediation agreement is achieved prior to the 60th day or both parties agree to a specific extension of time.