[ REVISED: 4/1/17]
Federal law and regulation do not (per federal policy directive
RSA-PD-09-03 and Federal Register, Vol. 66. No. 11, issued January 17, 2001,
Page 4431) define the types of determinations or issues that can be challenged
through Informal Administrative Review, Mediation, or Hearing. Examples of
determinations for appeal include, but are not limited to:
For assistance with VR case and client issues, the supervisor is
available to meet with the individual with a disability and their
representative and counselor, and to staff the case with the counselor. The
district manager is available to assist with issues the supervisor cannot
resolve. Staff may request a policy exception
For jointly served cases (where client permission to release information should have been obtained), DBVI and DARS may coordinate and share information necessary to address informal administrative reviews, mediations, fair hearings, and formal administrative reviews when necessary. For additional information about individuals jointly served by DARS and DBVI, see Chapter 16, INDIVIDUALS JOINTLY SERVED BY DARS AND THE DEPARTMENT FOR THE BLIND AND VISION IMPAIRED (DBVI), Policy 10.
The client; the non-VR client who is a student or youth with a disability
receiving pre-employment transition services, or transition services; the
non-VR client known to DRS to be in extended employment earning subminimum wage;
or counselor may contact the Client Assistance Program (CAP) advocates and
attorneys for information about client rights and assistance in resolving
issues with the VR case or VR services, and the individual may apply for CAP
representation during an appeal. CAP services are available at no cost (per 2016
Federal Regulation 34
CFR § 361.57) through disAbility Law Center of Virginia (dLCV), 1512 Willow Lawn
Drive, Suite 100, Richmond VA 23230, (804) 225-2042 (Voice and TTY), or toll
free 1-800-552-3962 (Voice and TTY).
The VR appeals coordinator shall maintain a list of Supreme Court of
Virginia certified mediators who meet federal qualification requirements (per
2014 Public Law 113-128, Section 413 (c) (4) (C) and 2016 Federal Regulation 34
CFR § 361.57 and 2016 Federal Regulation 34
CFR § 361.5(b)(43)):
The VR appeals coordinator shall maintain a list of hearing officers who are a notary public as required by Virginia law (per § 47.1-12 of the Code of Virginia) to administer the oath to witnesses and (per 2014 P.L. 113-128, Section 413 (c) (5) (B) and 2016 Federal Regulation 34 CFR § 361.57 and State Regulation 22 VAC 30-20-181) are jointly selected by the State Rehabilitation Council and DARS Commissioner and meet (per 2014 P.L. 113-128, Section 404 (16) and 2016 Federal Regulation 34 CFR § 361.57) federal qualification requirements:
Pre-Hearing Conference. The hearing officer, client or non-VR client recipient of VR services, or DRS designated representative may request a pre-Hearing conference to clarify the issues to be addressed at the Hearing or take care of any procedural matters. Procedural matters include scheduling, moving or postponing the Hearing; Hearing On The Written Record; Hearing open to the public; witness and exhibit lists concerns; logistical considerations; and hearing officer disqualification. The hearing officer determines the means (face-to-face, conference call, etc.), schedules, and presides over the pre-Hearing conference. Both parties and their representative must be included. Within 10 calendar days, the hearing officer shall (per agency mandate) document the outcome of the pre-Hearing conference in writing to the participants with a copy to the VR appeals coordinator.
Pre-Hearing VR Case Record Review Subject to Chapter 1.1, CONFIDENTIALITY, Policy 1, Section A, the hearing officer shall (per agency mandate) ensure the client or non-VR client recipient of VR services and DRS representative have an opportunity to review the VR service record before the Hearing. The client or non-VR client recipient of VR services may ask the counselor for one (1) free copy of the VR service record.
In violation of constitutional, statutory, regulatory, or written policy provisions; or In excess of the statutory authority of the agency; or Made upon unlawful procedures; or iv. Affected by other errors of law, regulation, or written policy; or v. Not reasonably supported by the evidence; or vi. Arbitrary, capricious, or characterized by abuse of, or clearly unwarranted, exercise of discretion.
Chapter 14.4, VENDORS, Policy 5.
Chapter 14.1, PURCHASING, Policy 1.
Links to the Code of Federal Regulations (CFR) are currently unavailable while we await federal changes to the vocational rehabilitation program. Upon promulgation of the final regulations the links will be updated and activated.