N.M. Admin. Code § 6.101.2.7 - DEFINITIONS
A.
"Applicant" means an individual applying for NMDVR services, and
includes any representative of the applicant, such as a guardian, legal
counsel, or other advocate.
B.
"Burden of proof" means the responsibility of the party asserting
a claim to prove that the claim is valid through the introduction of credible
evidence.
C.
"Client
assistance program" or "CAP" means a nonprofit agency
separate from the NMDVR that receives federal funds to provide information
about and referral to services for individuals with a disability. The CAP also
provides case advocacy for applicants and recipients to facilitate access to
services funded under the Rehabilitation Act of 1973, as amended.
D.
"Collateral estoppel" means a
legal doctrine that prevents a party from relitigating an issue that was
resolved in a previous lawsuit or administrative proceeding, even if the issue
relates to a different claim.
E.
"Determination" means any decision made by personnel of the NMDVR
that affects the provision of vocational rehabilitation services to an
applicant or recipient.
F.
"Fair hearing" means a voluntary impartial due process hearing in
which an impartial hearing officer conducts a hearing to review a disputed
determination, hears testimony and reviews evidence from the parties, and
issues a written decision setting forth the findings and grounds for the
decision.
G.
"Fraud"
means a scheme that involves submitting false or misleading information to the
NMDVR in order to obtain a service.
H.
"Good cause" means a
substantial reason or legal justification for failing to appear, to request a
continuance of any due process proceedings, to act, or to respond to an action.
Good cause events are unforeseen and beyond the control of the party and
include, but are not limited to, the following:
(1) A personal emergency medical situation;
or
(2) Sickness or death of a close
family member.
I.
"Individualized plan for employment" or "IPE" means a
written agreement to help a recipient with a disability who qualifies for
services to find, get, and keep a job. It is designed to achieve an employment
outcome consistent with the individual's unique strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.
J.
"New Mexico state
rehabilitation council" means the entity that reviews, analyzes, and
advises the NMDVR regarding all rehabilitation programs and policies
administered by the NMDVR under the Rehabilitation Act Amendments of
1998.
K.
"Mediation"
means a voluntary process by which the parties meet with an independent and
impartial qualified mediator to assist them in settling differences or disputes
prior to pursuing formal administrative or other legal remedies.
L.
"Mediation agreement" means a
written legal contract developed during mediation. Once a mediation agreement
has been signed by both parties, it is binding.
M.
"Misrepresentation" means an
intentionally or negligently false representation made verbally, by conduct, or
by nondisclosure or concealment, by an applicant or recipient for the purpose
of deceiving, defrauding, or causing the NMDVR to rely on the representation in
order to obtain a service.
N.
"Preponderance of evidence" means the standard by which the party
with the burden of proof shall show evidence to prove that the claim is more
likely than not to be true.
O.
"Recipient" means the individual receiving NMDVR services, and
includes any representative of the recipient, such as a guardian, legal
counsel, or other advocate.
P.
"Relevant evidence" means evidence that is relevant if reasonable
inferences can be drawn that shed light on a contested matter.
Q.
"Res judicata" means a legal
doctrine that another party cannot relitigate a matter for the same cause of
action if a final judgement based on merits has been made previously in a
lawsuit or administrative proceeding.
R.
"Vocational rehabilitation
services" means those services identified in
29 USC Section
723, which are provided to individuals with
disabilities.
Notes
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