Subpart 1.
Written
request.
An appellant may make a written request for review and
mediation to the director if dissatisfied with any determination that affects
the provision of rehabilitation services. To preserve the appellant's right to
a review and mediation, the request must be received by the director no more
than 60 calendar days after the appellant is notified of the action for which
the review is requested. The appellant must identify the determination with
which the appellant is dissatisfied. SSB must not institute a suspension,
reduction, or termination of rehabilitation services being provided to an
appellant until completion of the review process unless the appellant requests
a suspension, reduction, or termination, or if SSB has evidence that the
services have been obtained through misrepresentation, fraud, collusion, or
criminal conduct on the part of the appellant.
Subp. 2.
Review and mediation
options.
SSB must contact the appellant within five calendar days
following receipt of the request and explain review and mediation options. SSB
must also provide the appellant a description of services available from and
information on how to contact the client assistance program, established under
Code of Federal Regulations, title 34, section 370, to assist the appellant in
the review of determinations. An appellant may request one or more of the
following options: informal review, mediation, or impartial hearing. If the
appellant is dissatisfied with the results of an informal review or mediation,
or chooses an impartial hearing initially, an impartial hearing must commence
within 60 calendar days of the request in subpart
1 unless the parties agree to
a specific extension of time.
Subp.
3.
Communication.
If the appellant is disabled
in communication, then SSB must appoint an interpreter, consistent with
Minnesota Statutes, sections
546.42
to
546.44.
Review and mediation process information, decisions and reports, agreements if
applicable, and any required supporting documentation resulting from a request
under subpart
1 must be provided to the
appellant in writing. Consistent with the informed choice of the appellant,
review and mediation proceedings and related communication must be provided in
the native language of the appellant, supplemented as necessary by other
appropriate modes of communication including the use of auxiliary aids and
services.
Subp. 4.
Informal review.
An appellant may request an informal review.
An informal review must not be used to deny the right of an appellant to pursue
mediation or an impartial hearing.
A.
Participation in the informal review is voluntary on the part of the appellant
and on the part of SSB. The appellant or SSB may terminate the informal review
at any time. In the event an informal review is terminated, the appellant or
SSB may pursue resolution through mediation or an impartial hearing.
B. The informal review must be conducted by
supervisory staff not involved in the original determination that caused the
appellant to ask for a review. An appellant may choose:
(1) an informal review of written materials
only. Supervisory staff conducting the review must consider all written
evidence presented from the time the request for informal review is received
until the final decision is made; or
(2) an informal review of written materials
with a review conference. Supervisory staff conducting the informal review must
consider all written and oral evidence presented from the time the request for
review is received until the final decision is made.
C. The final decision regarding the informal
review must be made by the reviewing supervisory staff either within ten
calendar days following the request for an informal review of written materials
only, or within ten calendar days following the conclusion of an informal
review conference, unless the parties agree to a specific extension of time.
The supervisory staff conducting the informal review must notify the appellant
in writing by mail of the informal review decision. The informal review
decision must contain a summary of the nature and basis of the decision and the
appellant's review rights under this part.
Subp. 5.
Mediation.
An
appellant may request mediation at any time. Mediation must not be used to deny
the right of an appellant to pursue an impartial hearing.
A. Participation in the mediation process is
voluntary on the part of the appellant and on the part of SSB. The appellant,
SSB, or mediator may terminate mediation at any time. In the event mediation is
terminated, the appellant or SSB may pursue resolution through an impartial
hearing.
B. A qualified and
impartial mediator who meets the requirements of Code of Federal Regulations,
title 34, section 361.5(b)(43), must be chosen on a random basis, by mutual
agreement of the director of SSB and the appellant or, as appropriate, the
appellant's designated representative, or in accordance with SSB's procedure
for assigning mediators in a neutral manner. Mediation sessions must be held in
a timely manner and at a location convenient to both parties.
C. Mediation discussions are confidential and
may not be used as evidence in any subsequent due process hearings or civil
proceedings, and the parties may be required to sign a confidentiality pledge
prior to the commencement of mediation. Any agreement resulting from mediation
must be in writing with the assistance of the mediator, signed by both parties,
and copies provided to both parties. SSB must pay for the cost of mediation,
but is not required to pay for any costs related to the representation of an
appellant.
Subp. 6.
Impartial hearing.
An appellant may choose an impartial
hearing.
A. The impartial hearing
officer for a particular case must be selected on a random basis from a list of
qualified impartial hearing officers who have been jointly identified by SSB
and the State Rehabilitation Council for the Blind.
B. The hearing must be initiated and
conducted according to parts
1400.5100 to
1400.8400; Minnesota Statutes,
sections
14.57
to
14.62; and Code
of Federal Regulations, title 34, part 361.57(e).
C. The impartial hearing officer must provide
by mail to both parties a full written report of the findings and grounds for
the decision within 30 calendar days of the completion of the hearing. The
impartial hearing officer's decision is final unless a review is requested
under item D.
D. A party may
request a review of the impartial hearing officer's decision using the
following process:
(1) A party who is
dissatisfied with the impartial hearing officer's decision may request a review
of the decision within 20 calendar days of the mailing of the impartial hearing
officer's decision. The review must be conducted by the commissioner of
employment and economic development, who may not delegate the review to any
employee of SSB.
(2) The
commissioner must provide both parties with an opportunity to submit additional
evidence and information relevant to a final decision concerning the matter
under review.
(3) The commissioner
may not overturn or modify the impartial hearing officer's decision, or any
part of the decision, that supports the position of the appellant unless the
commissioner concludes, based on clear and convincing evidence, that the
decision of the impartial hearing officer is clearly erroneous on the basis of
being contrary to the approved state plan, federal law and regulations, or
state rules and policies that are consistent with federal
requirements.
(4) The commissioner
must make an independent, final decision within 30 calendar days of the request
after reviewing the entire hearing record and provide the decision in writing,
including a full report of the findings and the statutory, regulatory, or
policy grounds for the decision to both parties.
(5) The commissioner's decision is final
unless either party disagrees and brings a civil action, in which case the
commissioner's decision must be implemented pending review by the
court.
(6) Any party dissatisfied
with the commissioner's decision after reviewing the impartial hearing
officer's decision may bring a civil action with respect to the matter in
dispute in any state court of competent jurisdiction or district court of the
United States of competent jurisdiction, as provided in Code of Federal
Regulations, title 34, section 361.57(i).
