Memo on Administrative Review Mediation Impartial Hearing Scheduling Process

TO: District Office Staff

FROM: Operations

SUBJECT: Administrative Review, Mediation, Impartial Hearing Scheduling Process

Date: January 24, 2002

We have developed the attached process chart to ensure that all staff understand the procedures to establish an administrative review, mediation, or impartial hearing. This chart will be included in the Policy On-Line Manual as part of the procedures for the Policy 105 Administrative Reviews, Mediation and Impartial Hearings. Timelines are established in the current Policy and Procedures. The Quality Assurance Unit will work with the management team of each district office as consumer's request any aspect of the due process.

Highlights:

• Any request, either VES-711 or written letter, must be signed or dated by the consumer/representative, date stamped on the front of the form or letter when received by the district office. The form or letter must be immediately forwarded to the Quality Assurance Unit.
• When the District Office anticipates that an Administrative Review or Mediation will result in a delay in the hearing process beyond 45 days from date the request for the review was received, the office will ask the consumer to note in writing if he/she is willing to delay the scheduling of the Impartial Hearing until after the Administrative Review and/or Mediation is concluded.
• Mediation must be scheduled within 14 days of the request, by the district office or consumer. Policy indicates that VESID will participate in mediation when requested by a consumer unless there are extenuating circumstances which must be discussed with Operations. Additionally, mediation should be offered as an option, when consumers request to go directly to an Impartial Hearing. The Quality Assurance Unit will assist where needed with mediation centers.
• Administrative Reviews should be scheduled within 15 days of the request. Decisions should be completed within five days of the review and faxed to the Quality Assurance Unit when signed by the consumer.
• Transcripts from Impartial Hearings will be sent by the transcription service to the district offices. The district office will immediately send copies to consumer, hearing officer and Quality Assurance Unit.

Please review the chart as you establish any part of the due process avenues for consumers.