4 - The Act and Regulations

Each State shall establish procedures for mediation of, and procedures for review through an impartial due process hearing of, determinations made by personnel of the designated State unit that affect the provision of vocational rehabilitation services to applicants or eligible individuals. The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures.

(See 29 USC § 722(c) - Eligibility and individualized plan for employment, Procedures.)

Procedures. The designated State unit must develop and implement procedures to ensure that an applicant or recipient of services who is dissatisfied with any determination made by personnel of the designated State unit that affects the provision of vocational rehabilitation services may request...a timely review of that determination...

General requirements.

● Notification. Procedures established by the State unit...must provide an applicant or recipient or, as appropriate, the individual’s representative, notice of—

○ The right to obtain review of State unit determinations that affect the provision of vocational rehabilitation services through an impartial due process hearing...

○ The right to pursue mediation...

○ The names and addresses of individuals with whom requests for mediation or due process hearings may be filed...

○ The manner in which a mediator or impartial hearing officer may be selected...

○ The availability of the client assistance program...

● Timing. Notice...must be provided in writing—

○ At the time the individual applies for vocational rehabilitation services...

○ At the time the individual is assigned to a category in the State’s order of selection...

○ At the time the individualized plan for employment is developed...

○ Whenever vocational rehabilitation services are reduced, suspended, or terminated.

● Evidence and representation. Procedures established under this section must—

○ Provide and applicant or recipient or, as appropriate, the individual’s representative, with an opportunity to submit during mediation sessions or due process hearings evidence and other information that supports the applicant’s or recipient’s position; and

○ Allow an applicant or recipient to be represented...by counsel or other advocate selected by the applicant or recipient.

● Impact on provision of services. The State unit may not institute a suspension, reduction, or termination of vocational rehabilitation services being provided to an applicant or recipient, including evaluation and assessment services and individualized plan for employment development, pending a resolution through mediation, pending a decision by a hearing officer or reviewing official, or pending informal resolution...unless—

○ The individual or, in appropriate cases, the individual’s representative requests a suspension, reduction, or termination of

services; or

○ The State agency has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual’s representative.

(See 34 CFR 361.57 - Review of determinations made by designated State unit personnel.)

No individual in the United States may, on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, on the basis of citizenship or participation in any WIOA [Workforce Innovation and Opportunity Act] Title I-financially assisted program or activity, be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any WIOA Title I-financially assisted program or activity.

(See 29 CFR 38.5 - General prohibitions on discrimination.)