ACCES-VR

Adult Career and Continuing Education Services-Vocational Rehabilitation

Expectations - Rights and Responsibilities

Contents

Types of Reviews

Informal Review:

You meet with your counselor and your counselor's supervisor.

Administrative Review:

You communicate your concerns to the District Office Manager or other staff person.

Mediation:

You communicate your concerns to an Impartial Mediator.

Impartial Hearing:

You state your concerns before an Impartial Hearing Officer.

What can I do if I disagree with ACCES-VR's decisions about my case?

If at any time you do not agree with a decision by ACCES-VR, you may ask for a review of the decision through the following ways:

  • Administrative Review
  • Mediation
  • Impartial Hearing

Step 1:

Try to solve the problem by talking it over with your counselor and/or your counselor’s supervisor. If you have already done so and are not satisfied, you can ask for a review.

Step 2:

Ask for a review within 90 days of the action or decision with which you disagree, unless you can show good reason for asking for a review after 90 days.

When to ask for an Administrative Review, Mediation or Impartial Hearing

You may ask for a review, mediation or a hearing as quickly as possible when you are unhappy with an action or decision such as:

  • not allowing you to apply for services, or,
  • not allowing you to get the services you want, or,
  • stopping or limiting your services, or,
  • other reasons.

How to ask for an Administrative Review, Mediation or Impartial Hearing

  • Ask for a review in writing. You can use a ACCES-VR form VES-711 or you can write your reasons in your own words and send it to ACCES-VR.

    Note: The VES-711 Form can be found at the bottom of the ACCES-VR Due Process Policy.

ACCES-VR staff will tell you about the Client Assistance Program (CAP). The Client Assistance Program may represent you, or assist you in representing yourself, at any review you select. In some cases CAP can provide you with legal advice if the above reviews prove unsuccessful.

  • You may bring a relative, advocate or legal counsel with you to an administrative review, mediation, or an impartial hearing. Let ACCES-VR know who you are bringing in writing.
  • The review will be set up at a time and place that is good for everyone after your written request is received.

What happens next

  • You may look at your case record, ACCES-VR policies, and other documents before and during the review, mediation or impartial hearing process.
  • Let ACCES-VR know if you need a sign language interpreter or other special accommodation. ACCES-VR will help you find the interpreter and ACCES-VR will pay for the interpreter for your review.
  • ACCES-VR will pay for your transportation to come to the review, mediation and/or hearing. ACCES-VR will not pay for overnight lodging, legal fees or transportation for anyone you bring.
  • ACCES-VR will not stop services that you are receiving at the time you ask for a review unless those services were provided by purposely giving wrong information or acted in an illegal manner to obtain those services.

If you ask for an Administrative Review

  • ACCES-VR will let you know in writing of the day, time, reviewer and place for your review at least 7 days before the review. The reviewer will either be the ACCES-VR District Office (D.O.) Manager or another staff person.
  • You and any representative you select will be able to talk about your complaint and give your points of view to the reviewer at the review meeting.
  • The reviewer will mail you a written decision within 5 days after the review and ask you if you agree with or disagree with the decision.
    • Agree: If you agree with the decision of the administrative review you should tell the District Office (D.O.) Manager in writing and cancel any request you may have for mediation or an impartial hearing. Your counselor will begin to carry out the decision within 20 days.
    • Disagree: If you disagree with the decision of the administrative review, you should tell the D.O. Manager in writing. This will allow you the choice to go ahead with the Mediation and/or Impartial Hearing.
  • The D.O. Manager may decide not to hold an administrative review if it will not solve the problems (because of a law, regulation or policy.) If the D.O. Manager decides not to hold an administrative review, you and your representative will be told in writing and the Mediation and/or the Impartial Hearing will be setup, based on your choice.

If you ask for Mediation

  • Mediation is voluntary. The Mediation Center or ACCES-VR can give you information about how mediation works and how it may solve your problem. (List of centers is included in this brochure). Once you decide you want mediation, you can begin the mediation process by asking for mediation from the ACCES-VR District Office in writing.
  • After you have sent ACCES-VR a written request, you can contact the Center and ask them to set up the mediation. Or if you prefer, you can ask ACCES-VR to make these arrangements. The mediator will help you and ACCES-VR to work together and agree on how to solve the problem.
  • The Mediation Center will set up the mediation at a time and place that will be good for everybody.

If you ask for an Impartial Hearing

  • Send ACCES-VR your written request for an impartial hearing. You may do this without first having an administrative review or mediation.
  • ACCES-VR will appoint a hearing officer after receiving your request.
  • The hearing officer is someone who knows vocational rehabilitation laws, policies, and the vocational rehabilitation service system. The hearing officer does not work for ACCES-VR or an agency that is involved with your case.
  • The hearing officer will choose a convenient date, time and place for the hearing within 60 days from the time ACCES-VR receives your request for a hearing in writing.
  • You will be told in writing of the hearing at least 14 days before the hearing.
  • A hearing can only be postponed by the Hearing Officer if everyone agrees or if the hearing officer decides that either party has a good reason.
  • You and your representative will be able to give your points of view and any evidence about the disagreement to the hearing officer.
  • After the impartial hearing is over, the hearing officer will send a written decision to you, your representative, and to ACCES-VR no later than 21 days after he or she receives the transcript of the hearing.
  • The hearing officer's decision is final and your ACCES-VR counselor will begin to do what the hearing officer decides within 20 days of getting the decision.

After you have been through all ACCES-VR reviews

  • If you disagree with the impartial hearing decision, you may go to the court system and continue to try to have the decision changed. The Client Assistance Program my be able to help you with a legal appeal.

Additional Resources

Last Updated: February 17, 2011