D.C. Mun. Regs. tit. 29, r. 29-218
Current through Register 71, No. 45, November 7, 2024
Rule 29-218 - DUE PROCESS SCOPE AND PROCEDURES FOR BLIND VENDORS, PROGRAM APPLICANTS AND RSVFP TRAINEES218.1 The purpose of these regulations is to establish procedures pursuant to 34 C.F.R. § 395.13, which provides vendors the opportunity to resolve disagreements when they are dissatisfied with any licensing agency action arising from the operation or administration of the Program.218.2(a) An applicant to the RSVFP, or a trainee in the Program who is dissatisfied with any determination that affects the provision of vocational rehabilitation services, may pursue any of the remedies available to him or her pursuant to 34 C.F.R. § 361.57. Applicants and trainees are DDS/RSA clients and, as such, they are entitled to all due process rights outlined in 29 D.CM.R. §§ 135 et seq.(b) A vendor who is dissatisfied with any licensing agency action arising from the operation or administration of the Program may pursue any of the following options: (1) Informal administrative review meeting with the Chief of the Division of Services for the Blind (DSB);(3) Impartial due process hearing before the D.C. Office of Administrative Hearings ("OAH");(c) A vendor aggrieved by an Order issued by OAH, may appeal this Order either to the D.C. Court of Appeals, pursuant to D.C. Official Code § 2-1831.16(c) -(e), or to the United States Secretary of Education, pursuant to 34 C.F.R. § 395.13.218.3 A dispute regarding a licensing agency action may be resolved at any level within the appeals process. The appeals process is initiated when a vendor requests an informal administrative review meeting. However, a vendor is not precluded from beginning his or her appeal by requesting an impartial due process hearing as a means of challenging a licensing agency action arising from the operation or administration of the RSVFP.D.C. Mun. Regs. tit. 29, r. 29-218
Final Rulemaking published at 35 DCR 8538 (December 9, 1988); as amended by Final Rulemaking published at 57 DCR 4612, 4620 (May 28, 2010); as amended by Final Rulemaking published at 61 DCR 8741 (August 22, 2014)Authority: D.C. Official Code § 7-761.09 (2007 Supp.)