At the time of making application for rehabilitation
services, and at other times throughout the rehabilitation process, all
applicants and job candidates shall be informed of the right to appeal or
mediation and the procedures by which to file. If an applicant or job candidate
is dissatisfied with any agency decision that directly affects the applicant or
job candidate, the applicant, job candidate, or designated representative may
appeal that decision or request mediation. The term "appellant" shall be used
to indicate the applicant, job candidate, or designated representative who
initiates an appeal. The appellant may initiate the appeal process either by
calling a counselor or supervisor or by filing the appropriate division appeal
form, available from any counselor or supervisor of the division. If the appeal
process or mediation is initiated by telephone, the counselor or supervisor who
received the call must complete the appeal form to the best of that person's
ability with information from the appellant. The division shall accept as an
appeal or request for mediation a written letter, facsimile, or electronic mail
that indicates that the applicant or job candidate desires to appeal or seek
mediation. An appeal or mediation request must be filed within 90 days of
notification of the disputed decision. Once the appeal form or request for
mediation has been filed with the division administrator, a hearing shall be
held before an impartial hearing officer (IHO) or mediator within the next 60
days unless an extension of time is mutually agreed upon or one of the parties
shows good cause for an extension or one of the parties declines mediation. The
appellant may request that the appeal go directly to impartial hearing, but the
appellant shall be offered the opportunity for a supervisor review or
mediation. The appellant may request assistance with an appeal or mediation
from the Iowa client assistance program (ICAP).
Notes
Iowa Admin. Code r.
281-56.22
ARC 8806B, lAB 6/2/10,
effective 7/7/10
Amended by
IAB
December 10, 2014/Volume XXXVII, Number 12, effective
1/14/2015
Amended by
IAB
December 7, 2016/Volume XXXIX, Number 12, effective
1/11/2017
