218

DUE PROCESS SCOPE AND PROCEDURES FOR BLIND VENDORS AND RSVFP TRAINEES RECEIVING VOCATIONAL REHABILITATION SERVICES

218.1

The purpose of these regulations is to establish procedures pursuant to the Rehabilitation Act of 1973, as amended, and 34 C.F.R. § 395.11, which provide vendors and/or RSVFP trainees the opportunity to resolve disagreements with any determination concerning the furnishing or denial of vocational rehabilitation services offered in connection with the Randolph-Sheppard Vending Facility Program (RSVFP).

218.2

(a) A Vendor or RSVFP trainee who is dissatisfied with any determination concerning the furnishing or denial of vocational rehabilitation services or training, provided under the Rehabilitation Act of 1973 and/or 34 C.F.R. § 395.11, has the right to pursue any or all of the following options provided in 34 C.F.R. § 361.57:

(1) Informal administrative review meeting with the Chief of the Division of Services for the Blind (DSB);

(2) Mediation; and

(3) Impartial due process hearing before the D.C. Office of Administrative Hearings.

218.3

A service determination dispute regarding vocational rehabilitation services may be resolved at any level within the appeals process. The appeal process is initiated when a vendor or RSVFP trainee requests an informal administrative review meeting. However, a vendor or RSVFP trainee is not precluded from beginning his or her appeal by requesting mediation or requesting an impartial due process hearing, as a means to resolve a determination that affects the provision of vocational rehabilitation services.

SOURCE: Final Rulemaking published at 35 DCR 8538 (December 9, 1988); as amended by Final Rulemaking published at 57 DCR 4612, 4620 (May 28, 2010).