State of New Mexico | Division of Vocational Rehabilitation | Rehabilitation Services
Manual of Operating Procedures (MOP)

11 Participant's Rights

Revised: 08/03

11-01 Policy Statement

The New Mexico Division of Vocational Rehabilitation has established procedures to ensure that participants or, if appropriate, the participant's representative, who are dissatisfied with any determination made by DVR staff that affects the provision of vocational rehabilitation services, may request a timely review of that determination.

DVR may not institute a suspension, reduction or termination of any planned service in an approved Individualized Plan for Employment that is being provided to the participant pending a resolution through any of the appeal processes. A planned service may be discontinued if:

1. the planned service expires as identified in the IPE, or

2. the participant or, as appropriate, the participant's representative, requests the change in service, or

3. DVR has evidence that the service has been obtained through misrepresentation, fraud, collusion or criminal conduct on the part of the participant or participant's representative. Evidence or documentation must be available and placed in the case file.

Appropriate evaluation and assessment services as well as IPE development should not be delayed pending resolution through any of the appeal processes.

While notifying participants of their appeal rights and while conducting any procedure related to appeals, DVR will ensure appropriate modes of communication are being utilized in order to facilitate effective communication with the participant and/or participant's representative.

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