N.J. Admin. Code § 12:45-1.16

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:45-1.16 - Appeal of vocational rehabilitation decision by applicant or recipient

(a) All applicants/clients for vocational rehabilitation services and, as appropriate, their representatives shall be advised through appropriate modes of communication of their right to request an administrative review, mediation and/or a fair hearing in the event that they are dissatisfied with any determination with regard to the furnishing or denial of vocational rehabilitation services.

1. An administrative review, mediation and/or a fair hearing must be requested in writing by the applicant, client or individual's representative. This written request should be submitted to the Director, Division of Vocational Rehabilitation Services.

2. Administrative reviews shall be held before a Division administrator within 14 days of the request by the applicant or client for a review and shall be conducted in accordance with this section. The 14-day time period may be extended for a reasonable time upon request of the applicant, client, or individual's representative.

3. Within 10 days of receiving a request for mediation, the Division shall notify the applicant or client whether or not it agrees to participate in voluntary mediation. If it agrees to participate in mediation, the Division shall notify the applicant or client that it has forwarded the request to the Public Defender's Office of Dispute Settlement. The Public Defender's Office of Dispute Settlement shall conduct a mediation session within 20 days of receiving the request for mediation. The Public Defender's Office of Dispute Settlement shall schedule the mediation session.

4. Fair hearings shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Rules, N.J.A.C. 1:1, and Federal regulations. See N.J.A.C. 1:12C.

5. The review or mediation session shall be held at a time and place convenient for the applicant or client.

6. The applicant or client will be notified of the date, time and place of the review. The notification will be sent in advance of the review and provide enough time for the applicant or client to prepare for the review.

7. The applicant or client may be represented by counsel, friend, Client Assistance Program located in Disability Rights New Jersey, parent, guardian, self or other representative. All correspondence, decisions or scheduling of an administrative review or mediation session or other documents sent to the client, which are related to the appeal will be copied and sent to the representative.

8. The applicant or client and his or her representative, if he or she desires to have one, will be given an adequate opportunity for cross examination and to present evidence and/or witnesses on his or her behalf during the review and an opportunity to submit evidence and information at the mediation session.

9. The Division administrator shall render a decision in writing and provide a full written report of his or her findings and the grounds for the decision to the client or his or her representative and to the DVRS Director within 30 days of the completion of the review.

10. The decision of the Division administrator shall be deemed final unless the applicant or client requests mediation and/or a fair hearing in accordance with (a)1 above.

11. The Office of Dispute Settlement shall oversee and manage the mediation process. This shall include providing qualified and impartial mediators whose selection and conduct is guided by the "Model Standards of Conduct for Mediators" approved by the American Arbitration Association, the Litigation Section and the Dispute Resolution Section of the American Bar Association, and the Society of Professionals in Dispute Resolution.

12. The role of the mediator is to:

i. Facilitate the exchange of information pertinent to the mediation session;

ii. Help the parties define the issues and identify options;

iii. Facilitate communication between the parties in an impartial manner;

iv. Assist the parties in reaching a voluntary agreement;

v. Adjourn the mediation at the request of the parties to obtain additional information or explore options; and

vi. Terminate mediation if in the mediator's judgment the parties are not making progress toward resolving the issue(s) in dispute.

13. If the mediation results in agreement, the conclusions shall be incorporated into a written agreement and signed by each party. If the mediation does not result in agreement, the mediator shall document the date and the participants at the meeting. No other record of the mediation shall be made.

14. Discussions that occur during the mediation process, whether in joint session or in separate meetings, shall be confidential and shall not be used as evidence in any subsequent due process hearings or civil proceedings.

15. The mediator shall not be called as a witness in any subsequent proceeding to testify regarding any information gained during the course of mediation.

16. Mediation is a voluntary process in which a mediator, an impartial third party, facilitates problem-solving discussions in order to assist the parties to a dispute in reaching agreement. The mediator acts as neither a judge nor an advocate. The mediator does not decide which party is at fault, nor does he or she determine the manner in which the dispute should be resolved.

N.J. Admin. Code § 12:45-1.16

Recodified from N.J.A.C. 12:45-1.17 and amended by R.1999 d.284, effective 8/16/1999.
See: 31 N.J.R. 1144(a), 31 N.J.R. 2387(a).
Rewrote (a). Former N.J.A.C. 12:45-1.16, Protection; use and release of personal information, recodified to N.J.A.C. 12:45-1.15.
Amended by R.2009 d.317, effective 10/19/2009.
See: 41 N.J.R. 2075(a), 41 N.J.R. 3937(b).
In (a)7, substituted "Disability Rights New Jersey," for "New Jersey Protection and Advocacy, Inc.", and deleted a comma following "self" and "decisions".