PURPOSE: This rule establishes the procedures for hearings for applicants or 5 CSR 90-7

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 ninety (90) days of denial of eligibility, denial of financial assistance, the determination of financial assistance, discontinuation, suspension or reduction of services.
3. (3) A hearing will be held by the assistant commissioner, or his/her designee (impartial 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 impartial 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 impartial 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 submitted 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, RSMo Supp. 2003 and 178.671 and 178.673, RSMo 2000.* Original rule filed June 28, 2001, effective Jan. 30, 2002. Amended: Filed Sept. 12, 2003, effective April 30, 2004. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 178.671, RSMo 1984, amended 1987; and 178.673, RSMo 1984, amended 1993.