Section 29-135. VOCATIONAL REHABILITATION (VR) DUE PROCESS SCOPE AND PROCEDURES

 

135.1The purpose of these regulations is to establish procedures pursuant to the Rehabilitation Act of 1973, as amended, and 34 C.F.R. § 361.57 which provide an applicant or consumer procedures for resolving disagreements with any determination concerning the furnishing or denial of vocational rehabilitation services.

 

135.2 An applicant or consumer of the Vocational Rehabilitation Services Division  (VRSD) or Division of Services for the Blind (DSB), who is dissatisfied with any determination concerning the furnishing or denial of vocational rehabilitation services has the right to pursue any or all of the following options as provided in 34 C.F.R. § 361.57:

 

(a)Informal administrative review meeting with the Chief of VRDS or Chief of DSB;

 

(b)Mediation, and;

 

(c)Impartial due process hearing before the D.C. Office of Administrative Hearings.

 

135.3A service determination dispute may be resolved at any level within the appeal process.  The appeal process is initiated when an applicant or consumer requests an informal administrative review meeting. However, an applicant or consumer is not precluded from beginning his or her appeal by requesting mediation or requesting an impartial due process hearing.

 

135.4[Repealed.]

 

authority

D.C. Official Code § 7-761.09 (2007 Supp.)

source

Final Rulemaking published at 38 DCR 2034 (April 5, 1991); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612, 4613 (May 28, 2010).