105.00 Due Process Policy

(April 1, 2003)
See corresponding procedure: 105.00P Due Process Procedure

Table of Contents

Description

An applicant or eligible individual for VESID services who is dissatisfied with any determination made by VESID concerning the provision of services may seek to resolve that dissatisfaction through Administrative Review, Mediation and/or Impartial Hearing. The objective is to reach a mutually agreeable solution, as quickly as possible, preferably before a formal Impartial Hearing.

VESID will assist individuals to be active participants in their program and advise them of their rights, the steps of the Administrative Review, Mediation and Impartial Hearing processes and the availability of assistance from the Client Assistance Program (CAP) when:

  1. an application is made, 
  2. an ineligibility decision is made,
  3. an individualized plan for employment (IPE) is developed, 
  4. a potential impasse is reached or services are reduced, suspended or terminated, 
  5. a case is closed, or
  6. the designation of the individual’s priority category if order of selection is in effect.

Initial Review

An Initial Review is a means to resolve problems quickly through a meeting with the senior counselor or other supervisory staff before resorting to a more formal due process procedure. A person may request an Initial Review verbally or in writing and describe what he or she is appealing, what happened, when it happened, the people involved and what the individual wants VESID to do to remedy the situation. The senior counselor or other supervisory staff should explore why the individual is dissatisfied, explain the reasons for the contested action or decision, and resolve the problem in a mutually satisfactory way, if possible. The individual should be encouraged to participate and be completely involved in these discussions.

After the discussion is completed, the senior counselor or other supervisory staff must immediately inform the individual of the decision and, if the individual does not agree with the decision, should describe again the Administrative Review, Mediation and Impartial Hearing process and the availability of CAP.

Requesting Due Process

The individual must request a due process review within 90 calendar days after being informed of the action or decision to be reviewed, unless he or she can show good cause why the review request was made after 90 days. Individuals must be informed about their due process rights at the time of the dispute as well as completion of any part of due process.

Time Limitations

Time periods for all parts of the review process are computed as calendar days from the first day following the day on which the action takes place. Time periods can be extended for good cause with the agreement of all parties. All requests for extensions must be made in writing to the Impartial Hearing Officer.

Due Process Options

The request for due process must be made in writing, signed and dated by the individual or representative.

Administrative Review

The Administrative Review must be scheduled at a time and place which is accessible and allows the individual to participate fully in the review. The person conducting the Administrative Review should not have been involved in the decisions or actions that resulted in the Administrative Review. The review must be conducted within 15 days of receipt of the written request. The District Office manager may decline to schedule an Administrative Review and go directly to Mediation or an Impartial Hearing if the issue will not be resolved at the District Office level.

The review must include the individual and/or representative, the counselor and other appropriate staff. Within five days of completing the review, the reviewer will issue a comprehensive, written decision that clearly states:

  1. all relevant facts presented at the review,
  2. references to appropriate law and policy,
  3. conclusions and the basis on which they are made,
  4. actions VESID will take to implement the decision, and
  5. the individuals right to Mediation or an Impartial Hearing.

The individual must inform VESID if he or she accepts the Administrative Review decision within 15 days of receiving the decision. If the individual agrees with the decision and withdraws the request for due process in writing, the decision is final and VESID will begin to implement the Administrative Review decision within 20 days. If there is no agreement by the individual, then Mediation can be requested or an Impartial Hearing will continue as scheduled.

Mediation

Mediation is an effective, voluntary, alternate means to resolve disputes by reaching a mutually agreeable solution between an individual and VESID through the assistance of a trained mediator. The Mediation process can be less formal and adversarial than an Impartial Hearing. Mediation is not a prerequisite to nor can it delay the Impartial Hearing. If Mediation does not resolve the issue, the individual must be informed about an Impartial Hearing.

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