5 CSR 20-500.170 - Appeals

5 CSR 20-500.170. Appeals

PURPOSE: This rule establishes the procedures for appeal by an applicant or eligible individual dissatisfied with a determination made regarding the provision of services by the Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended, 29 USC section 701 et. seq. and the Code of Federal Regulations, 34 CFR section 361.57.

(1) An applicant or eligible individual will be informed of their right to a due process hearing and/or mediation if they are determined ineligible for services, when the Individualized Plan for Employment (IPE) is executed or if there is a reduction, suspension, or cessation of vocational rehabilitation (VR) services.

(2) If an applicant or eligible individual is dissatisfied with any determination made by VR regarding the provision of services, the applicant or eligible individual may request an informal review, a due process hearing, or mediation.

(3) When an applicant or eligible individual is dissatisfied with any determination made by VR regarding the provision of services, the applicant or eligible individual will be informed in writing about the client assistance program.

(4) VR will not suspend, reduce, or terminate services provided to an eligible client under an existing IPE pending a decision from an informal review, a due process hearing, or a written mediation agreement, unless the eligible individual or the individual's representative requests in writing that services be suspended, reduced, or terminated.

(AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* This rule previously filed as 5 CSR 90-4.400. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.170, effective Aug. 16, 2011. Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014)

*Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.

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