105.20P Procedure - Quality Assurance Unit and Impartial Hearing Scheduling Chart
KEY POINTS
All consumers must be advised of their due process rights at various steps in the vocational rehabilitation process as well as at any point the consumer does not agree with a VESID decision.
- Once the consumer asks for a review, he/she must immediately be provided a VES-711 or the consumer can put his/her request in writing at any time.
- In addition to being notified of due process, the consumer must also be notified of their right to have an advocate or legal representative at any level of due process and provide the individual with a CAP brochure indicating which local office to contact for assistance
- A request for an administrative review and/or mediation also begins the time clock for an Impartial Hearing unless the consumer specifically indicates that the time frame can be waived until one of the other actions is taken.
- Once a hearing officer is established for a hearing, the hearing officer must make any final decision about the hearing including postponements, time changes, etc.
- The Steps to follow for the District Office and Quality Assurance Unit upon receipt of the complete, signed, dated and logged request for an Administrative Review, Mediation, and/or Impartial Hearing are as follows:
Administrative Review
| District Office (DO) |
|---|
| Date stamp the front of the completed & signed, VES-711
or written request as soon as this is received by DO (This is the date
when the written request is received by any VESID staff, not the date it
is forwarded to the DO Manager.) Note: If the consumer has not signed the VES-711 return it for signature before sending it to QAU. |
| Fax the DO date stamped signed & dated request to the QAU. (the date the request is received by the DO starts the 45 days that an Impartial Hearing must be held unless the consumer checks the box that delays an Impartial hearing until the Administrative Review is completed) |
| Notify the consumer of their right to have an advocate or legal representative and provide the individual with a CAP brochure indicating which local office to contact for assistance. |
| Schedule an Administrative Review to occur within 15 days of the receipt of the written, dated, request at a time and location that is convenient, accessible and allows the consumer to participate fully in the review. |
| Within 5 days of completing the Administrative Review, the DO Manager/Director of Counseling/Assistant Manager will issue a comprehensive written outcome decision sending a copy to the consumer for his/her acceptance/denial. |
| Fax the Administrative Review written decision to the QAU. |
| Individual must inform VESID DO within 15 days of receipt of decision if he/she accepts decision of Administrative Review. DO will fax copy of individual's signed acceptance/denial of Administrative Review decision to QAU. (Acceptance will cancel the I.H. Denial will require continuation of the IH, unless the consumer indicates otherwise. |
| Quality Assurance Unit (QAU) |
| Establish a folder for the case and keep all information regarding the Administrative Review/Mediation/IH on file. (Only one folder is set up for the consumer regardless of their request Adm. Review/Mediation/IH.) |
| Establish the time/date and hearing officer for an Impartial Hearing, unless the consumer indicates that the Impartial Hearing time can be established after the outcome of the Administrative Review/Mediation. |
| Enter consumer name and Info on the QAU J-Drive IHO log. |
| Enter consumer name and Info on the QAU J-Drive IHO log. Assist DO with any issues regarding Administrative Review or due process. |
| If consumer accepts, QAU will withdraw request for the Impartial Hearing and send letter to consumer with copy to DO indicating same, if rejects, Impartial Hearing proceeds as scheduled. |
Mediation
| District Office (DO) |
|---|
| Date stamp the front of the completed & signed VES-711 request as soon as this is received by DO. DO (This is the date when the written request is received by any VESID staff, not the date it is forwarded to the DO Manager.)Note: If the consumer has not signed the VES-711 return it for signature before sending it to SEU. |
| Fax the signed/dated/DO date stamped request to the QAU. |
| Notify the consumer of their right to have an advocate or legal representative and provide the individual with a CAP brochure indicating which local office to contact for assistance. |
| DO or consumer schedules the Mediation within 14 days of receipt of the written signed/dated request by contacting the regional office of the New York State Dispute Resolution Association (NYSDRA) |
| Notify the QAU of the date the mediation will take place. |
| Fax the results of the Mediation to the QAU. |
| Quality Assurance Unit (QAU) |
| Establish a folder for the case and keep all information regarding the Administrative Review/Mediation/IH on file. |
| Establish the time and hearing officer for an Impartial Hearing, unless the consumer indicates that the Impartial Hearing time can be established after the outcome of the Mediation. |
| Assist DO with any issues regarding Mediation |
| The acceptance of Mediation will close the QAU file and the IHO Log must be closed also. (Documentation of the Mediation agreement forwarded to the QAU is necessary for closure.) Denial continues IHO process. |
Impartial Hearing
| District Office |
|---|
| Date stamp the front of the completed & signed VES-711 or written request as soon as this is received by DO. DO (This is the date when the written request is received by any VESID staff, not the date it is forwarded to the DO Manager.)Note: If the consumer has not signed the VES-711 return it for signature before sending it to SEU. |
| Fax a copy of the completed & signed DO date stamped request for an Impartial Hearing to the QAU. |
| Project 40-45 days out from the date received and provide QAU with 2-3 hearing dates. |
| Notify the consumer of their right to have an advocate or legal representative and provide the individual with a CAP brochure indicating which local office to contact for assistance. |
| Once the QAU has notified the DO of the hearing date, the DO will arrange for a court stenographer to be present at the hearing and any support services. |
| At the hearing the DO will request that all copies of the transcripts of the hearing be sent to them. |
| After receipt of the transcripts, the DO will mail copies of the transcripts to the consumer, the representative of consumer (If an additional copy is requested they will need to pay for it.), the hearing officer and the QAU within 3 days. |
| The DO Manager will process a voucher for payment to the court stenographer and a signed certification of transcript letter within 5 days. |
| The Hearing Officer's decision is final and must be implemented by the DO within 20 days of receipt of the decision. |
| Quality Assurance Unit (QAU) |
| Establish a folder for the case and keep all information regarding the Administrative Review/Mediation/IH on file |
| QAU will contact the DO and establish available hearing dates. |
| Within 14 calendar days, the QAU will randomly select a hearing officer, set up the hearing date, time and location, and notify by letter the consumer, IHO, CAP (if they are involved) DO and any other participants. |
| A hearing date will be established so that the hearing can occur within 45 calendar days from the date the complete request was received by the DO. The hearing date will be at a time and location convenient for all who are to participate in the impartial hearing. |
| The consumer will be notified by the QAU (at least 14 days prior to the hearing date) via an appointment letter that they are entitled to have representation at the hearing and a CAP brochure will be included in the consumer letter. |
| After the transcript of the hearing is received by the QAU it is date stamped and a notation is recorded in a tickler file when the decision is due. According to regulation, the hearing decision is due to the consumer within 21 of receipt of the transcript by the hearing officer. |
| After receipt of the decision, the QAU will prepare a letter to the consumer for the Deputy Commissioner's signature notifying the consumer of the decision and the next steps the consumer may pursue in the event he/she does not agree with the decision IHO and D.O. Manager will be copied on the letter. |
| The QAU forwards the IHO standard voucher to Fiscal Mgt. for payment once the decision is received by QAU. |
Reference: VESID Policy Handbook Section 105 Administrative Review, Mediation,
Impartial Hearing
Procedures: Section 105.00P
