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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

11-04 Internal Processes

11-04-01 Procedures for Area Manager Review

The following internal reviews are available for dispute resolution. Participation in Internal Reviews shall not be used to deny or delay the right of an individual to a Fair Hearing.

  1. The participant may request a supervisor's review through verbal or written means to either their counselor or directly to the Area Manager.

  2. The Area Manager will conduct an interview with the participant regarding their request, review the case file and clarify with the counselor their rationale for their decision.

  3. Within a two-week period, the Area Manager will respond to the participant in writing with a copy placed in the case file and notify the counselor of their decision. Written notice to the participant shall include information regarding further appeal processes.

  4. The counselor shall ensure any decision(s) made by the Area Manager are implemented unless otherwise assigned by the Area Manager, FOD or RSU Deputy Director.

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11-04-02 Procedures for Administrative Review by the F.O.D.

  1. A participant may request an administrative review by the FOD through verbal or written means to either their counselor, the Area Manager or directly to the FOD.

  2. If a review by the Area Manager has not occurred, the FOD will refer the participant back to the Area Manager for review. If circumstances prevent the Area Manager from reviewing the file within a two-week period or if extenuating circumstances exist which preclude the area manager from reviewing the disputed decision, the FOD may to waive the requirement to refer to the Area Manager.

  3. The FOD will review the case record, conduct an interview with the participant and discuss the disputed decisions made in the case by both the counselor and area manager if appropriate.

  4. Within a two-week period, the FOD will respond to the participant in writing with a copy placed in the case file and notify the counselor and area manager of their decision. Written notice to the participant shall include information regarding further appeal processes.

  5. The counselor shall ensure any decision(s) made by the FOD is implemented unless otherwise assigned by the Area Manager, FOD or RSU Deputy Director.

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