As a first step, the appellant shall be advised that a
supervisor review of the counselor's decision may be requested by notifying the
counselor or supervisor in person, by telephone or by letter of the decision to
appeal. If the supervisor has been involved in decisions in the case to the
extent that the supervisor cannot render a fair and impartial decision or if
the supervisor is not available to complete the review in a timely manner, the
appeal and case file shall be forwarded to the bureau chief for review. The
appellant is not required to request supervisor review as a prerequisite for
appeal before an IHO; however, if a supervisor review is requested, the
following steps shall be observed:
(1)
Upon receipt of a request for supervisor review, the supervisor shall notify
all appropriate parties of the date and nature of the appeal; examine case file
documentation; discuss the issues and reasons for the decision with the
immediate counselor and other counselors who may have been previously involved
with the case or issue; and, if necessary, meet with any or all parties to
discuss the dispute.
(2) The
supervisor shall have ten working days from receipt of the request for
supervisor review to decide the issue and notify the appellant in writing. A
copy of the supervisor's decision shall be sent to all appropriate
parties.
(3) If the supervisor's
decision is adverse to the appellant, the copy of the written decision given to
the appellant shall include further appeal procedures, including notification
that the appellant has ten days from the date of the letter to file further
appeal. Also included shall be notice of the Iowa client assistance program
(ICAP), a program within the department of human rights, commission of persons
with disabilities. If ICAP determines it appropriate, ICAP provides assistance
in the preparation and presentation of the appellant's case.
(4) As an alternative to, but not to the
exclusion of, filing for further appeal, the appellant may request mediation of
the supervisor's decision, or review by the chief of the rehabilitation
services bureau.
Notes
Iowa Admin. Code r.
281-56.23
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
