Section 29-138. REQUEST FOR AN INFORMAL ADMINISTRATIVE REVIEW MEETING/TIMELINESS  


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    138.1A request for an informal administrative review meeting must be submitted in writing, within ten (10) business days of the determination that affected the provision of vocational rehabilitation services.  The time limits in this section may be extended by the Chief, Office of Quality Assurance and Federal Compliance, when good cause is shown by one party or at the request of both parties. This request must be addressed to:

     

    Office of Quality Assurance and Federal Compliance

    Attention:  Chief

    Department on Disability Services, Rehabilitation Services Administration

    1125 15th Street, NW, 9th Floor

    Washington, D.C.  20005

    (202) 442-8670 (Voice or Relay)

     

    138.2Within five (5) business days after the request is received, the Chief of the Office of Quality Assurance and Federal Compliance (“OQAFC”) will do the following:

     

    (a) Forward the request to the Chief of the VRSD or Chief of the DSB; and

     

    (b) Send a written notification to the applicant/client stating the date, time and location of the informal administrative review meeting.  Notification shall be in an Americans with Disabilities Act (ADA) compliant format, including: (1) in the medium of the applicant or consumer’s choice, including large print, Braille, tape, disk; and (2) provided via e-mail and/or U.S. Priority Mail with Delivery Confirmation requested.

     

    138.3(a) Within five (5) business days of receiving the request from the Chief of OQAFC, the Chief of VRSD or Chief of DSB will personally meet with the applicant, consumer and his or her authorized representative, unless such meeting is inconvenient for both parties and both parties record this inconvenience in writing.  If both parties are unable to meet in person, they will participate in a telephonic conference not later than five (5) business days after receipt of the request from the Chief of OQAFC; and 

     

    (b)The Chief of VRSD or Chief of DSB will report the outcome of the informal administrative review to the Chief of OQAFC, no later than five (5) business days following the conclusion of the meeting.  

     

    138.4(a)  If the applicant, consumer, or his or her authorized representative and the VRSD/DSB Chief successfully resolve the issue(s) addressed during the informal administrative review meeting, the Chief of OQAFC will place a written note in the applicant or consumer’s file noting the vocational rehabilitation counselor will implement the agreed upon resolution within ten (10) business days, absent any unforeseen circumstances outside of the counselor’s immediate control; 

     

    (b)If the applicant, consumer, or his or her authorized representative and the VRSD/DSB Chief are unable to resolve the issue(s) addressed during the informal administrative review meeting, the Chief of OQAFC shall notify the applicant or consumer in writing of his/her right to request mediation and/or an impartial due process hearing, in accordance with 34 CFR § 361.57, within five (5) business days of receiving notification of the outcome from the Chief of VRSD or Chief of DSB; and

     

    (c)Notification shall be in an Americans with Disabilities Act (ADA) compliant format, including: (1) in the medium of the applicant or consumer’s choice, including large print, Braille, tape, disk; and (2) provided via e-mail and/or U.S. Priority Mail with Delivery Confirmation requested.

     

authority

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

source

Final Rulemaking published at 38 DCR 2034 (April 5, 1991); as amended by 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612, 4616 (May 28, 2010).