At all times throughout the rehabilitation process,
individuals accessing any IVRS services shall be informed of the right to
appeal or mediation and the procedures by which to file. If an individual is
dissatisfied with any agency decision that directly affects the individual, the
individual or designated representative may appeal that decision or request
mediation. The term "appellant" shall be used to indicate the individual 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) at any time in the appeal process.
(1)
Supervisor review. 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, ifa supervisor review is requested, the following steps shall be
observed:
a. 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.
b. 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.
c.
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.
d. 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.
(2)
Mediation. Regardless of whether a supervisor review is
requested, an appellant may request resolution of the dispute through the
mediation process.
Mediation is also available if the appellant is dissatisfied
with the supervisor's decision. If
mediation is requested by the appellant and
agreed to by the
division, the
mediation shall be held within 60 days of the
request for
mediation. The following steps shall be observed by the parties.
Mediation shall be conducted by a qualified and impartial mediator, as defined
in
34 CFR Section
361.5(c)(43), trained in
effective
mediation techniques and selected randomly by the
division from a
list maintained by the
division.
a. The
mediation shall be conducted in a timely manner at a location convenient to the
parties.
b. Mediation shall not be
used to delay the appellant's right to a hearing.
c. Mediation must be voluntary on the part of
the appellant and the division.
d.
Mediation is at no cost to the appellant.
e. All discussions and other communications
that occur during the mediation process are confidential. Any offers of
settlement made by either party during the mediation process are inadmissible
if further appeal is sought by the appellant.
f. Existing division services provided to an
appellant shall not be suspended, reduced, or terminated pending decision of
the mediator, unless so requested by the appellant.
(3)
Hearing before an impartial
hearing officer. Regardless of whether the appellant has used
supervisor review or
mediation or both, if the appellant requests a hearing
before an
IHO, the following provisions apply:
a. The division shall appoint the IHO from
the pool of impartial hearing officers with whom the division has contracts.
The IHO shall be assigned on a random basis or by agreement between the
administrator of the division and the appellant.
b. The hearing shall be held within 20 days
of the receipt of the appointment of the IHO. A written decision shall be
rendered and given to the parties by the IHO within 30 days after completion of
the hearing. Either or both of these time frames may be extended by mutual
agreement of the parties or by a showing of good cause by one party.
c. The appellant shall be informed that the
filing of an appeal confers consent for the release of the case file
information to the IHO. The IHO shall have access to the case file or a copy
thereof at any time following acceptance of the appointment to hear the
case.
d. Within five working days
after appointment, the
IHO shall notify both parties in writing of the
following:
(1) The role of the IHO;
(2) The IHO's understanding of the reasons
for the appeal and the requested resolution;
(3) The date, time, and place for the
hearing, which shall be accessible and located as advantageously as possible
for both parties but more so for the appellant;
(4) The availability of the case file for
review and copying in a vocational rehabilitation office prior to the hearing
and how to arrange for the same;
(5) That the hearing shall be closed to the
public unless the appellant specifically requests an open hearing;
(6) That the appellant may present evidence
and information personally, may call witnesses, may be represented by counsel
or other appropriate advocate at the appellant's expense, and may examine all
witnesses and other relevant sources of information and evidence;
(7) The availability to the appellant of the
Iowa client assistance program (ICAP) for possible assistance;
(8) Information about the amount of time it
will take to complete the hearing process;
(9) The possibility of reimbursement of
necessary travel and related expenses; and
(10) The availability of interpreter and
reader services for appellants not proficient in the English language and those
who are deaf or hard of hearing and the availability of transportation or
attendant services for those appellants requiring such assistance.
e. Existing division services
provided to an appellant shall not be suspended, reduced, or terminated pending
the decision of the IHO, unless so requested by the appellant.
f. The IHO shall provide a full written
decision, including the findings of fact and grounds for the decision. The
appellant or the division may request administrative review, and the IHO
decision is submitted to the administrator of the division. Both parties may
provide additional evidence not heard at the hearing for consideration for the
administrative review. If no additional evidence is presented, the IHO decision
stands. Unless either party chooses to seek judicial review pursuant to Iowa
Code chapter 17A, the decision of the IHO is final. If judicial review is
sought after administrative review, the IHO's decision shall be implemented
pending the outcome of the judicial review.
