4.7 Formal Appeal

An individual, or, as appropriate, their authorized representative, may initiate a formal appeal regarding DVR staff determinations by requesting an impartial due process hearing with an Administrative Law Judge (ALJ). The request shall be submitted, in writing, to the Colorado Department of Personnel and Administration, Office of Administrative Courts within 90 calendar days of the decision that affects the provision of a vocational rehabilitation service. The written request shall be a statement identifying the basis of the appeal, including a description of the determination made by the DVR staff that the individual is appealing. The statement should include a description of what the individual wants from the appeal.

A hearing shall be held within 60 calendar days of the informal pre-hearing conference, unless both parties agree additional time is necessary for good cause.

There may be situations when a time extension is necessary to allow either party or the ALJ sufficient time to prepare for the hearing following an informal review or when additional time is necessary for the completion of mediation. Even at those times, all parties must agree to the extension.

The individual, or, as appropriate, their authorized representative may present additional evidence, information and witnesses to support the individual’s position during the hearing.

The ALJ (Administrative Law Judge) shall render a decision and provide a written report of the findings and the grounds for this decision to the individual, or, as appropriate, their authorized representative, and the Division of Vocational Rehabilitation within 30 calendar days of completion of the hearing.

The Director of DVR or the applicant or recipient who wishes to challenge the final decision made by the ALJ may bring a civil action for review of such decision. The final decision of the ALJ shall be implemented pending the results of the review under a civil action. The civil action may be brought in any State court or in a district court of the United States, regardless of the amount in controversy. All records relating to the hearing shall be provided to the court in which the civil action shall be heard. Additional evidence may be provided upon request of the individual or the Director of DVR. The decision of the court and any relief granted as a result of the civil action shall be deemed final.