NOTICE AND RIGHT TO DUE PROCESS REMEDIES FOR BLIND VENDORS AND RSVFP TRAINEES RECEIVING VOCATIONAL REHABILITATION SERVICES

Pursuant to 34 C.F.R. § 361.57, each Vendor or RSVFP trainee shall be informed in writing, that he or she has the right to the following:

1. (a) To request an informal administrative review meeting, mediation or impartial due process hearing;
2. (b) To request an informal administrative review meeting, mediation or impartial due process hearing;
3. (c) The availability of the Client Assistance Program (“CAP”) to assist the applicant or consumer during the informal administrative review meeting, mediation or impartial due process hearing;
4. (d) To request a qualified interpreter, fluent in the primary language (including sign language) of the applicant/consumer or other methods of communication used by an individual due to his or her disability; and
5. (e) To request auxiliary aids to ensure that communications with individuals with hearing, vision, or speech impairments are as effective as communications with others. “Auxiliary aids” include such services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD’s), videotext displays, readers, taped texts, brailed materials, and large print materials.

A Vendor, RSVFP trainee, or his or her authorized representative shall receive written notification of his or her due process remedies, at the following times as applicable:

1. (a) At the time of application;
2. (b) Assignment to an order of selection category;
3. (c) Development of an IPE;
4. (e) Upon reduction, suspension, and/or termination (including case closure) of any determination concerning the furnishing or denial of vocational rehabilitation services; or
5. (f) At the time of licensure.

SOURCE: Final Rulemaking published at 35 DCR 8538 (December 9, 1988); as amended by Final Rulemaking published at 57 DCR 4612, 4621 (May 28, 2010).