PURPOSE: This rule establishes the procedures for hearings for applicants or clients/consumers dissatisfied with a determination made regarding the provision of services by the Division of Vocational Rehabilitation.

1. (1) An applicant or client/consumer may request a hearing without informal review.
2. (2) An applicant or client/consumer may request a hearing in writing by contacting the assistant commissioner, Division of Vocational Rehabilitation (DVR) within thirty (30) days of denial of eligibility, denial of financial assistance, the determination of financial assistance, discontinuation of services, or the signing of the plan of care.
3. (3) A hearing will be held by the assistant commissioner, or his/her designee (hearing officer), within forty-five (45) days of the request unless a party requests a specified time extension.
4. (4) The applicant or client/consumer, or if appropriate, the individual’s representative will be allowed an opportunity to present additional evidence, information and witnesses during the hearing.
5. (5) Copies of all correspondence, reports of contact and written decisions rendered by the hearing officer shall be placed in the applicant’s or client’s/consumer’s case file at the center for independent living.
6. (6) The hearing officer will make a decision based upon the provisions of the approved state plan, the federal act and/or applicable regulations, and appropriate state laws and/or regulations. A written report will be submit- 5 CSR 90-7

ted to the applicant or client/consumer, or if appropriate, the individual’s representative, the case file and to the assistant commissioner within a timely manner.

AUTHORITY: sections 161.092, 178.671 and 178.673, RSMo 2000.* Original rule filed June 28, 2001, effective Jan. 30, 2002. *Original authority: 161.092, RSMo 1963, amended 1993; 178.671, RSMo 1984, amended 1987; and 178.673, RSMo 1984, amended 1993.