Procedures for Impartial Due Process Hearing
1. An impartial hearing officer is selected to hear the case.
2. A pool of qualified persons to serve as impartial hearing officers is established through a Request for Proposal (RFP) issued by the Division of Family Services. In order to qualify as an impartial hearing officer, the individuals=s proposal must specify: 1) the price for which they will conduct a hearing; 2) confirm that he or she meets the personal qualifications stipulated in the contract; and 3) they will meet all other terms of the contract.
3. RFPs are reviewed by the RSB Deputy Director and the State Rehabilitation Council. Individual=s who meet the terms and conditions of the RFP are selected to be added to the list of impartial hearing officers.
4. When the RSB Deputy Director receives a request for a fair hearing, a list of available impartial hearing officers is sent to the consumer. (If RSB determines that an individual hearing officer has a potential conflict of interest in the case at issue, that individual=s name will be removed from the list before it is given to the consumer.)
5. After the consumer notifies the Deputy Director of the name of the individual selected to hear the appeal, RSB issues an authorization of the hearing officer to conduct the hearing.
6. The fair hearing is scheduled for a time agreed to by RSB staff, the consumer and the fair hearing officer.
7. The scheduled time must be within forty-five (45) calendar days from the date RSB receives the consumer’s request for review of a decision, unless informal resolution or a mediation agreement is achieved prior to the 45th day or the parties agree to a specific extension of time.
8. RSB staff inform the consumer of their right to present additional evidence, information, witnesses, to be accompanied by counsel or other representative, and to examine all witnesses and other relevant sources of information and evidence.
9. The fair hearing is held during normal working hours, at the district office where the consumer’s case record is located.
10. RSB staff members who are involved in case activities that led to the disputed decision are available for testimony.
11. The impartial hearing officer informs all persons present of the purpose of the fair hearing and of the confidentiality of all matters that will be discussed.
12. Before the fair hearing begins, the consumer must present written authorization to discuss confidential information in the presence of counsel and witnesses.
13. Within thirty (30) calendar days of the completion of the fair hearing, the impartial hearing officer makes a decision and sends, by certified mail to the consumer and the deputy director, a full written report of the findings and the basis for the decision. The report informs the consumer that 1) the decision will be implemented immediately; 2) if dissatisfied with the decision they have the right to bring a civil action with respect to the matter in dispute; and 3) if civil action is chosen, it may be brought in any State court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy.
14. RSB’s formal hearing procedures included in the Impartial Hearing Officer Resource Manual state that the impartial hearing officer’s decision shall be based on the Rehabilitation Act, the federal vocational rehabilitation regulations, and RSB’s State Administrative Rule. Although not specifically cited, it is expected that the impartial hearing officer’s decision be made in accordance with the approved State Plan as well as the other aforementioned documents.
Procedures for Administrative Review of Hearing Officer=s Decision
15. It was reported in the last State Plan that the State Rehabilitation Council requested that RSB establish procedures for administrative officers review of hearing decisions by an official of the Governor=s office. Since that time, a request was submitted to the Governor=s office that they assume this responsibility. That office declined to take part in the review process. After consideration of the alternatives of having a review take place at the state agency level or having no review, the State Rehabilitation Council recommended that there be no review. Therefore, RSB concurs with the recommendation of the Council, and any party aggrieved by a final decision made as a result of a fair hearing, may bring a civil action for review of the decision.