An applicant for or recipient of services through RSB’s vocational rehabilitation program has the right to obtain the review of any determination regarding the furnishing or denial of services. The review process may consists of up to three (3) stages, in which the procedures provide the individual and RSB the opportunity to submit additional evidence and information. Throughout the review procedures stated in this section the words applicant or eligible individual also mean, if appropriate, the individual’s parent, guardian, legal custodian or other representative. 361.57, Sec.102(c)(1-7)
(A) Administrative Review: An administrative review is not a mandatory part of the review process. RSB encourages the applicant or eligible individual to have an administrative review, in an effort to resolve the disputed issue in an informal setting. Administrative reviews are held as expeditiously as possible after the receipt of the eligible individual’s request. Most requests for review of determinations are resolved by the administrative review. The designee of the deputy director conducts the administrative review.
(B) Fair Hearing: In the event that an applicant or eligible individual is not satisfied with the outcome of an administrative review, or chooses not to request an administrative review, the next option is the Fair Hearing. The following procedures will be followed in the event of a request for Fair Hearing:
1. When the RSB Deputy Director receives a request for a fair hearing, a list of available impartial hearing officers is sent to the eligible individual. (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 eligible individual.)
2. After the eligible individual 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.
3. The fair hearing is scheduled for a time agreed to by RSB staff, the eligible individual and the fair hearing officer. The scheduled time must be within forty-five (45) calendar days from the date RSB receives the eligible individual’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.
4. RSB staff inform the eligible individual 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.
5. The fair hearing is held during normal working hours, at the district office where the eligible individual’s case record is located.
6. RSB staff members who are involved in case activities that led to the disputed decision are available for testimony.
7. 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.
8. Before the fair hearing begins, the eligible individual must present written authorization to discuss confidential information in the presence of counsel and witnesses.
9. 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 eligible individual and the deputy director, a full written report of the findings and the basis for the decision. The report informs the eligible individual 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.
10. 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.
11. As reported in the FFY 1999 State Plan, the State Rehabilitation Council requested that RSB establish procedures for administrative 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.
(C) Mediation: Applicants and eligible individuals shall have the right to pursue mediation with respect to disputes involving any determinations that affect the provision of vocational rehabilitation services.
1. Mediation shall be voluntary on the part of both parties; not be used to deny or delay the rights of an individual to a hearing or deny any other rights; and be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
2. A list of mediators who are qualified and trained in mediation will be maintained by RSB and provided to the eligible individual for selection of a mediator. (Note: Mediator must notify RSB of any potential personal, professional or financial interest, as described in above section.)
3. RSB shall bear the costs of the mediation process.
4. An applicant or eligible individual may request mediation by writing the Deputy Director, RSB and stating issue(s) to be mediated. If mediation is agreed upon by both RSB and the applicant or eligible individual, a qualified mediator will then be selected by the individual. The mediator will be informed of the request and will assist parties in selecting a mutually agreeable time and place.
5. An applicant or eligible individual shall have an opportunity to be represented in the mediation session by a person selected by the individual.
6. An applicant and/or representative has the right to present information and evidence that supports their position.
7. The mediation will be held within the same time period (45 days) of a request by the applicant or eligible individual for an informal review, a request for mediation, or a review of determinations by an Impartial Hearing Officer.
8. Individual will be provided with a release of information regarding information to be shared by RSB with the mediator.
9. Services provided by RSB shall not be reduced, suspended or terminated pending a decision by mediator unless (1) individual or representative requests it or (2) services at issue obtained thru misrepresentation, fraud, collusion or criminal conduct on the part of the individual or the individual’s representative.
10. An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement to the individual and the Deputy Director of RSB. A copy of the agreement will also be maintained in the individual’s case file.
11. Discussions that occur during the mediation process shall be confidential and not used as evidence in any subsequent due process hearing or civil proceeding. Both parties may be required to sign a confidentiality pledge prior to the commencement of such process.
12. Nothing in this section shall be construed to preclude the parties to such a dispute from informally resolving the dispute prior to mediation proceedings, if the informal process used is not used to deny or delay the right of the applicant or eligible individual to a due process hearing or to deny any other right.
(D) Process to request review of an RSB determination: To request an administrative review, mediation or fair hearing, you must:
1. Request the administrative review, mediation or fair hearing in writing to the Director, Rehabilitation Services for the Blind, P. O. Box 2320, 615 Howerton Court, Jefferson City, Missouri 65103.
2. Describe the decision or action you need to have resolved.
3. Include your name, address, and telephone number.
Note: Additional information on the review process may be found at RSB Appeal Process
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