- (a) The applicant/client will be notified of their rights at each of the due process steps.
(b) In addition to the procedural safeguards discussed elsewhere in this section, the applicant/client is entitled to the following rights during due process:
(1)
- (A) The right to be represented by:
(i) An attorney;
(ii) The Client Assistance Program;
(iii) A parent or guardian, friend, relative; or
- (iv) Any other representative of the client/applicant’s choice.
- (B) However, Arkansas Rehabilitation Services will not reimburse attorneys’ fees or the fees of any other representative;
(2) The right to:
- (A) Present evidence and witnesses; and
- (B) Cross-examine all witnesses and other relevant sources of information and evidence;
(3) The right to object to the introduction of:
- (A) Evidence;
- (B) Witnesses; and
- (C) Other sources of information;
(4)
(A) The right, at any stage of due process, to reasonable accommodations, such as an interpreter or reader, if notice of the accommodation is given to Arkansas Rehabilitation Services at least three (3) business days prior to the:
- (i) Administrative review;
- (ii) Mediation; or
- (iii) Impartial hearing.
- (B) Arkansas Rehabilitation Services reserves the right to propose an alternative, reasonable accommodation; and
(5)
- (A) The right, following an impartial hearing, to a written report of the grounds for the decision.
- (B) The hearing officer will provide this report to all parties within thirty (30) days of the hearing’s conclusion.