192 NAC 2-010. APPEALS

010. APPEALS. 010.01. Any person aggrieved by a final decision in a contested case is entitled to judicial review under the Administrative Procedure Act or to resort to such other means of review as may be provided by 010.02. Parties desiring to appeal a NCBVI decision must file a petition for review in the district court of the county where the NCBVI action is taken within thirty (30) days after the service of the final decision by NCBVI. The thirty (30) day period for appeal commences to run from the date of mailing of the notice of order and decision to the parties or their attorneys of record. Service of the petition and summons must be made in accordance with Nebraska law. 010.03. Unless otherwise provided by statute, the procedures of Nebraska Revised Statute 84-917 govern the procedure for taking an appeal. 010.04. If any person appeals the final decision of the hearing officer, the final decision involved shall be implemented pending review by the court. APPENDIX A: SAMPLE PETITION FORM Appendix B Nebraska Commission for the Blind and Visually Impaired Mediation Procedures Established procedures will be followed for mediation of determinations made by NCBVI personnel that affect the provision of vocational rehabilitation services to applicants or eligible individuals. An agreement has been formalized between NCBVI and the Nebraska Office of Dispute Resolution (NODR) and Regional Mediation Centers for the provision of Mediation Services. NODR, established in accordance with the Nebraska Dispute Resolution Act, is an office under the Nebraska State Supreme Court. When the Impartial Hearing Coordinator receives a hearing request, the Impartial Hearing Coordinator will send the individual requesting the hearing a letter immediately with the following information: a. Mediation is voluntary on the part of the individual and NCBVI. b. Mediation is available whenever a Fair Hearing is requested. c. The use of mediation will not be used to deny or delay the rights of an individual in regards to the requested impartial hearing and in regards to any right under the Rehabilitation Act. d. Mediation will be conducted by a qualified, impartial mediator knowledgeable in laws and regulations relating to the provision of vocational rehabilitation services for the blind, through the Regional Mediation Centers in Nebraska. A list of the Mediation Centers will be provided, including the counties they serve. e. Sessions will be scheduled in a timely manner and will be held in a location that is convenient to the parties to the dispute. f. NCBVI will cover the costs of the mediation process. g. The individual has five (5) days from the date of receiving the letter to request mediation from the appropriate Mediation Center should he/she choose to do so. h. An agreement reached by the parties to the dispute in the mediation process will be set forth in a written mediation agreement. i. Discussions that occur during mediation are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. The parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of the mediation process. Should both sides agree to mediation, the Mediation Center will make the appropriate arrangements. The Centers require two weeks to set up the mediation; the process is completed within 27 days. NCBVI will pay for any accommodations needed and will pay on an hourly rate for cases referred to a Center.