3304-2-62 Consumer appeals.

(A) An applicant, a consumer, a former consumer, or the consumer’s legal guardian (that is the parent of a minor or a court-appointed guardian) or authorized representative who believes that the consumer’s civil rights have been violated may file an appeal(s) in the following ways:

(1) Through the procedures defined in paragraphs (B) to (D) of this rule.

(2) With the RSC equal employment opportunity office.

(3) With the office for civil rights, United States department of education.

(B) An applicant, a consumer, a former consumer, or the consumer’s legal guardian (that is the parent of a minor or a court-appointed guardian) or authorized representative may appeal any RSC action about the furnishing or denial of services. When RSC determines that an auxiliary service is needed for a person’s full participation in an appeal, RSC shall provide it. To appeal an RSC action, the consumer shall appeal, in writing, tape, or braille, to the RSC executive director within thirty days of learning about the action.

(1) The executive director or designee shall notify the area manager of the appeal request. The area manager or designee shall then contact the consumer determine if the after notice of the appeal to determine if the appeal can be resolved informally, either in person or by telephone, unless documented meaningful contact regarding the subject of the appeal was made prior to the actual filing of the appeal and no resolution could be reached. The area manager or designee shall record the outcome of the contact, whether it resulted in resolution or not, and provide a copy to the consumer and to the RSC executive director or designee. The attempt at informal resolution shall not delay scheduling the formal hearing.

(2) The formal hearing shall be conducted pursuant to Chapter 119. of the Revised Code where such provisions do not conflict with the Rehabilitation Act of 1973, as amended, and the following requirements.

(a) The hearing shall be conducted within sixty days of the appeal request. The hearing shall be conducted by an impartial hearing officer who has not previously participated in making any decisions about the consumer’s case. “Impartial hearing officer” means a person who: (i) is not an employee of a public agency, (ii) has not been involved in previous decisions about the consumer, (iii) has knowledge of the delivery of VR services, the state plan, and the federal and state regulations governing the provision of services, (iv) has received training with respect to the performance of official duties, and (v) has no personal, professional, or financial interest that would conflict with objectivity.

(b) The hearing shall be held at the RSC central office in Columbus, Ohio, unless another site is designated.

(d) Within thirty days of completion of the hearing, the hearing officer shall issue a written report and decision. The report shall contain the findings and the grounds for the decision, which shall be based on the provisions of the approved VR state plan and the Rehabilitation Act of 1973, as amended. The hearing officer shall mail by certified mail, the report and decision to the applicant or consumer or as appropriate, his or her representative, and to RSC.

(e) The time limits established in paragraphs (B)(2)(a) and (B)(2)(d) of this rule may be extended by mutual agreement of the parties, or for good cause shown at the request of either party.

(3) A civil action for review of the decision can be brought by either RSC or the applicant or consumer in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction.

(C) In order to institute mediation, the consumer shall submit a request in writing, tape, or braille to the RSC executive director or his/her designee. If the mediation is agreed upon by all parties, the mediation shall occur prior to a formal hearing.

(D) If RSC decides to modify, suspend, or terminate a service that is being provided under an IPE, then an IPE amendment must be agreed upon and signed by the consumer before the change takes place. If the consumer does not agree, then he or she may appeal the decision. If the consumer appeals the decision, RSC shall continue to provide the service until the formal hearing decision is made or until the appeal is resolved informally. A service may be modified, suspended, or terminated without a formal hearing if the service was obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the consumer. An interruption or change in dates shall not be considered to be a suspension, a modification, or a termination of services.

(E) This rule is designed to implement “Title IV of the Workforce Investment Act,” which contains the 1998 amendments to “The Rehabilitation Act of 1973,” and resulting regulations.

Effective: 01/16/2007

R.C. 119.032 review dates: 01/20/2009

Promulgated Under: 119.03

Statutory Authority: 3304-16(A)

Rule Amplifies: 119.06, 119.07, 119.12, 3304.16(E) and (K)(5), 3304.20

Prior Effective Dates: 09/30/1985, 05/11/1987, 04/04/1988, 01/20/1990, 04/22/1991, 03/12/1993, 02/25/1997, 05/15/1998, 08/07/2000, 06/20/2002, 01/20/2004