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

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11 Participant's Rights

Revised: 08/03

11-02 Notification Process

Notification of the options for dispute resolution, how to access these options and information regarding the availability of the Client Assistance Program (CAP) to assist during these processes must be provided to participants in writing and through methods that can be adequately understood by participants.

Options for dispute resolution:

  1. Mediation - Process by which the participant and counselor meet with an impartial mediator to try to resolve impasse and reach an agreement.

  2. Internal Processes

    1. Area Manager review of the disputed decision in which the counselor's decision may be overturned or amended.

    2. Field Operations Director (FOD) administrative review of the disputed decision in which the counselor's and/or Area Manager's decision may be overturned or amended.

  3. Fair Hearing - Process by which an impartial hearing officer reviews the disputed decision, gather's relevant information from all parties and makes a determination regarding the appeal.

Written notification to include participants rights and responsibilities in the above appeals process along with name and address of the DVR Director must be provided to participants at the following times during the rehabilitation process:

  1. At application for VR services

  2. If on an Order of Selection, upon assignment of a category at the time of eligibility

  3. At IPE development

  4. At any time when a service is denied, reduced, suspended or terminated and the action is in dispute

  5. Upon determination of ineligibility for VR services

  6. At case closure

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