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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

11-05 Fair Hearings

11-05-01 Requirements

The Fair Hearing is the final process for dispute resolution available through the agency. Either party who disagrees with the findings and decision of an impartial hearing officer may pursue civil action in State or district court.

  1. A Fair Hearing must be conducted within 60 days of receipt of the request, unless informal resolution or a mediation agreement resolution is achieved prior to the 60thday or the parties agree to a specific time extension.

  2. The participant has the right to representation during the mediation process by a representative or advocate.

  3. During the Fair Hearing, both parties are given the opportunity to present witnesses and to examine all witnesses and other relevant sources of information and evidence.

  4. A decision based on federal law and state policies will be provided by the Fair Hearing officer through a written report of the findings and basis for the decision within 30 days of the completion of the hearing.

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11-05-02 Procedures

  1. A participant may request a fair hearing by writing to the DVR Director within 45 days of a disputed decision. Upon receipt of the request, the request is forwarded to the Executive Support Unit who will manage the process.

  2. Executive Support Services notifies the counselor, Area Manager and FOD in writing of the request for Fair Hearing.

  3. Upon notification of the request for hearing, the counselor should review the case and, if appropriate, notify the participant and advise them of the availability of mediation and internal processes available to resolve disputes.

  4. Upon receipt of the decision by the Fair Hearing officer, the counselor is responsible for ensuring implementation of the decision unless otherwise assigned by the Area Manager, FOD or RSU Deputy Director.

  5. Should either party pursue civil action, DVR staff may be subpoenaed to testify. If served with a subpoena, DVR staff should notify the DVR attorney for consultation and guidance throughout this process.

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