32 Miss. Code. R. 10-4-4.1

Current through December 10, 2024

Section 32-10-4-4.1 - Informal Dispute Resolution

OVR/OVRB has the authority to implement the informal review process when it is likely to result in a timely resolution of the issue(s) in disagreement. OVR/OVRB/OBD does not have the authority to require the applicant or client to use the informal review process or mediation prior to or instead of the provision of a formal hearing by an Impartial Hearing Officer. OVR/OVRB/OBD will not use the informal review process or mediation as a means to delay a formal review unless the parties jointly agree to the delay. ³²

The timing of the informal review and/or mediation must take into account the fact that should the informal process not result in a resolution of the dispute, the informal and formal process must be concluded within 60 days of the date the individual requests a review of the rehabilitation counselor's decision or determination, unless both parties agree to a specific extension of the time period. ³³

Informal Dispute Resolution Procedures

1. The manager, having line supervision over the staff whose determination is in dispute shall:

* Contact the requestor to set an appointment (time, date, and place) for the informal review;

* Advise the requestor of the availability and function of the CAP;

* Advise the requestor that he/she may attend the review in person and, if he/she desires, be accompanied by a family member or an advocate from CAP; or any individual selected by the individual to represent him/her;

* Contact the requestor if additional information is needed prior to the review; and

* Offer mediation and/or an impartial hearing as a means of settling the dispute.

2. The requestor is to be notified immediately of the manager's decision. The manager may notify the requestor verbally of his/her decision; however, this is to be followed up with notification to the requestor via Certified Mail, return receipt requested, with a copy to the service record. The letter shall:

* State the matter(s) in dispute;

* Include the rationale for the decision, and

* Advise the requestor to notify the appropriate Office Director (verbally or in writing), no later than five days from the receipt of the letter, if he/she is dissatisfied and wishes to have the Director review the decision, wishes to have the dispute mediated, or proceed with the formal review.

3. The review by the Office Director is a document review and does not require the presence of the requestor.

4. The requestor is to be notified immediately of the Office Director's decision. The Office Director may notify the requestor verbally of his/her decision; however, this is to be followed up with notification to the requestor via Certified Mail, return receipt requested, with a copy to the service record. The letter shall:

* State the matter(s) in dispute;

* Include the rationale for the decision;

* Advise the requestor to notify the Office Director (verbally or in writing), no later than five days from the receipt of the letter, if he/she is dissatisfied and wishes to proceed with the formal review by an Impartial Hearing Officer;

* Advise the requestor that an Impartial Hearing Officer will be selected at random from a list of qualified Impartial Hearing Officers; and,

* Advise the requestor that mediators are available should he/she choose mediation as a means to settle the dispute.

32 Miss. Code. R. 10-4-4.1

Adopted 8/1/2022

The requestor may stop the informal process, including mediation, at any point (or bypass it entirely) and request the dispute be sent to an Impartial Hearing Officer for a formal review.