R993-100-102. Review by the Field Service Director

  (1) If an applicant or client disagrees with any decision made by a vocation rehabilitation (VR) counselor or supervisor he or she may request the decision be reviewed by the Field Service Director under which the disputed determination was made. The request for review must be filed within 30 days of the decision to be reviewed. The request for review must be made in writing and must:

  (a) be prepared by the applicant/client or his or her designated representative;

  (b) include the name and address of the individual requesting the review;

  (c) include the name of the VR counselor or supervisor whose decision is to be reviewed;

  (d) describe the decision or decisions to be reviewed in sufficient detail to inform the USOR of the nature and consequences of the decision;

  (e) describe the action or resolution desired; and

  (f) be signed and dated by the applicant /client or his or her representative.

  (2) This process may not be used to delay mediation or an impartial hearing. An applicant/client can choose not to participate in the review process by filing a request for mediation or an impartial hearing at any time. If such a request is filed, the Field Service Director review will end however, the Field Service Director may complete a review summary to be used at later stages of the appeal, if any.

  (3) The Field Service Director will conduct an investigation which will include reviewing the applicant/clients record, communication with the applicant/client and relevant USOR staff.

  (4) The Field Service Director will issue a written decision within 15 days of receipt of the request for review. The decision will include appeal rights, list a summary of all evidence reviewed, explain the findings of the investigation, and the action to be taken.