RSA-722 for FY-2021: Submission #1322

Contact Information Additional information about Hawaii DVR's Final IHO Review and Decisions report may be requested from Gregg Van Camp by calling: (808) 586-9743, and by email to: gvancamp@dhs.hawaii.gov. There were two (2) requests for Administrative Reviews but one was withdrawn before the Appeals Process was initiated, There was one (1) IHO decision for FFY2021 that favored the agency.

Description of HDVR Due Process Procedures are copied below for reference:
If HDVR staff should get a request for a fair hearing and/or mediation from a VR or Potentially Eligible Student with Disabilities participant, or their legal guardian/representative, or from a Business Enterprise Program participant for an evidentiary hearing, please take the following actions:
1. Make sure you have explained that the applicant/participant is given the Client Assistance Program brochure in their desired format;
2. Have the applicant/participant complete the usual form (DHS Request for Review Form 2017). They can do this with or without HDVR staff assistance. Make sure the form is completely filled out, including:
1) Full legal name, home/mailing address, telephone number, and email (if applicable;
2) Name(s) of agency staff involved;
3) A written statement describing the decision and why they disagree; and
4) Any other information or documentation they would like to include.
Note: This form must be completed within 90 days of the decision or action being disputed.
3. As soon as possible, call or email Staff Services Office Quality Assurance and Fair Hearing/Mediation Program Specialist. If the Staff Services Office Program Specialist assigned is not available, contact Vocational Rehabilitation Assistant Administrator.
Note: Please alert the Staff Services Office Quality Assurance and Fair Hearing/Mediation Program Specialist if the applicant/participant indicated a request for mediation prior to fair hearing.
4. The Staff Services Office Program Services will contact Administrative Appeals Office to
get a choice of 2 hearings officers and will call or email you back with the 1st and 2nd choice for the applicant/participant. Vocational Rehabilitation Specialist, or Supervisor should relay this information to the applicant/participant, and then have him or her fill out and sign DHS 2017A Selection of Impartial Mediation/Hearing Officer Form. Also call to confirm email and form have been sent to Staff Services Office Quality Assurance and Fair Hearing/Mediation Program Specialist ASAP.

IMPORTANT TIMELINES
• Applicant/participant has 90 days from date of disputed action to submit the DHS 2017.
• The date the DHS 2017 is received by the HDVR staff person is the official date of fair hearing request.
• Vocational Rehabilitation Administrator will send a letter to the applicant/participant acknowledging receipt of the request for review within two weeks from the date it was received.
• The Section Supervisor, Vocational Rehabilitation Specialist, and Branch Administrator must work together to submit a DHS 033 Administrative Hearing Report. The position statement and attached exhibits must be sent to the Staff Services Office Quality Assurance and Fair Hearing/ Mediation Program Specialist at least three weeks prior to the date of the hearing, and must be finalized, approved by Vocational Rehabilitation Administrator, and sent to the applicant/ participant at least 15 calendar days prior to the hearing. This mailing and all other arrangements will be done by the Staff Services Office in conjunction with Administrative Appeals Office.
• The hearing must be held within 60 days of the request unless an extension of time is agreed to by both parties.
• The hearing officer’s written decision will be sent to the applicant/participant and HDVR within 30 days of the completion of the hearing.