10A ncac 63F .0602       WRITTEN INFORMATION FOR APPLICANTS AND consumers

(a)  The Division shall inform all applicants for and consumers receiving vocational rehabilitation or independent living rehabilitation services of the opportunities for an administrative review, mediation, and impartial due process hearing available under 34 C.F.R. 361.57 and the Rules of this Section.

(b)  The Division shall provide written information to all applicants and consumers informing them:

(1)           of their right to an impartial due process hearing when they are dissatisfied with any determinations made by the Division concerning the furnishing or denial of services;

(2)           that they may seek resolution of the issue through an administrative review and mediation  prior to an impartial due process hearing;

(3)           that the rehabilitation counselor or other designated staff of the Division will inform them of the name and address of the area rehabilitation supervisor to whom the request shall be submitted and of the manner in which a mediator or impartial hearing officer is selected; and that they may receive assistance with the resolution of their problems through the Client Assistance Program.

(c)  The Division shall inform all applicants and consumers in writing of the rights established in Paragraph (b) of this Rule at the time of application for vocational rehabilitation services, at the time of assignment to a category in the State's order or selection, if established, at the time of development of the Individualized Plan for Employment (IPE), and whenever vocational rehabilitation services are reduced, suspended, or terminated.

History Note:        Authority G.S. 143B‑157; 150B‑2; 150B‑23; 34 C.F.R. 361.57; 34 C.F.R. 364.30;

Eff. February 1, 1976;

Readopted Eff. November 16, 1977;

Amended Eff. December 1, 1990; June 1, 1983;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.