1. (1) At any point during or after the review process under Section R993-100-102, an applicant or client may request mediation.
2. (2) A request for mediation does not waive the applicant's or client's right to an impartial hearing.

3. (3) A request for mediation must be submitted:

   1. (a) within 30 days of the date of the last decision made, whether by the VR counselor, the supervisor, or the field service director; and
   2. (b) before the beginning of an impartial hearing by an Administrative Law Judge (ALJ).

4. (4) A request for mediation must:

   1. (a) be in writing;
   2. (b) be filed with the USOR Division Director;
   3. (c) be prepared by the applicant or client or their designated representative;
   4. (d) include the name and address of the individual requesting the review;
   5. (e) include the name of the VR counselor or supervisor whose decision is to be reviewed;
   6. (f) describe the decision or decisions to be reviewed in sufficient detail to inform the USOR of the nature and consequences of the decision;
   7. (g) describe the action or resolution desired; and
   8. (h) be signed and dated by the applicant or client or their designated representative.
5. (5) The mediation cannot be used to delay the right of the applicant or client to an impartial hearing and must be conducted by a qualified and impartial mediator in the Adjudication and Appeals Division of the Department of Workforce Services (Adjudication Division).
6. (6) Mediation sessions will be scheduled in a timely manner and will be held by telephone unless the applicant or client requests and needs accommodation for an in-person hearing. In-person hearings will be held at the Adjudication Division offices in Salt Lake City.
7. (7) Any discussions that occur during the mediation process are considered confidential and may not be used in any subsequent hearing or civil proceeding.
8. (8) Either party or the mediator may elect to terminate the mediation at any time. Notice of the termination will be sent to the parties. If mediation is terminated, either party may pursue resolution through an impartial hearing.
9. (9) Nothing in the mediation process precludes the parties from informally resolving the dispute before completion of the process.
10. (10) The mediation agreement will be in writing. If an agreement cannot be reached, the mediator will summarize the proceedings in writing.
11. (11) The director may review the request for mediation and if it is deemed appropriate to deny the request for mediation under 34 CFR 361.57, the parties will be notified in writing of the denial with instructions on how to proceed to an impartial hearing.

KEY: administrative procedures, complaint procedures

Date of Last Change: October 18, 2022

Notice of Continuation: September 16, 2021

Authorizing, and Implemented or Interpreted Law: 35A-1-303; 35A-13-102; 35A-1-104