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 is to 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 is to be held before an 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, if a 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 use the mediation
procedures set forth in 34
CFR Section
361.57(d).
(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
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.
Notes
Iowa Code r.
877-33.9
ARC 7751C, IAB
4/3/24, effective 5/8/24
ARC 6481C, IAB
8/24/2022, effective 9/28/2022;
Editorial change: IAC Supplement 8/23/2023
Adopted by
IAB
April 3, 2024/Volume XLVI, Number 20, effective
5/8/2024
