[nfbmi-talk] eviserated in eo and state plan

[joe harcz Comcast]

Note the conflict resolution procedures from the MCB policy manual here and note how they are illegally assumed in the Executive Order and in the new State PLan....

CONFLICT RESOLUTION

An individual or his/her representative may attempt to resolve any issues regarding his/her case by discussing the circumstances with his/her counselor/teacher and/or the counselor’s/teacher's supervisor.

If at any time an individual or his/her representative is dissatisfied with any determinations made by his/her counselor/teacher, he/she or his/her representative may request an informal Administrative Review conducted by a Michigan Commission for the Blind administrator, a formal Fair Hearing conducted by a Department of Labor & Economic Growth administrative law judge or Mediation utilizing mediators from the Michigan Supreme Court Community Dispute Resolution Program. In the case of Mediation or a Fair Hearing, the individual or his/her representative will be provided an opportunity to select from at least two qualified professionals to handle the proceedings. A request for any, or all, of these processes may be initiated through a written request with itemizations of your concerns to the Michigan Commission for the Blind Hearings Coordinator. The Michigan Commission for the Blind will pay for the administrative costs of these services.

If a Fair Hearing is requested, it will be conducted within 60 calendar days of the request. The Administrative Law Judge will provide a report of his/her findings and a decision to the Michigan Commission for the Blind and to the individual or his/her representative within 30 calendar days of the completion of the Fair Hearing. This decision must be based on the provisions of the approved State Plan, the provisions of the 1998 Amendments to the Rehabilitation Act, Public Act 260 and the Michigan Commission for the Blind policy.

Either party may request a review of the Administrative Law Judge’s decision by the Director of the Department of Labor & Economic Growth within 20 calendar days of the issuance of that decision. An individual or his/her representative must request this review in writing to the Michigan Commission for the Blind Hearings Coordinator. The Department of Labor & Economic Growth Director has up to 20 calendar days to notify an individual or his/her representative if a review of the decision is being conducted. The Department of Labor & Economic Growth Director cannot delegate the responsibility for this decision. During this time, both parties may submit additional evidence and information relevant to the final decision under review. The Department of Labor & Economic Growth Director may not overturn the decision or any part of the decision that supports the individual’s position unless the Department of Labor & Economic Growth Director concludes, based on clear and convincing evidence, that the Administrative Law Judge’s decision is clearly erroneous on the basis of being contrary to the laws cited above. If notice is not served, the Administrative Law Judge's decision is final. Within 30 calendar days, the Department of Labor & Economic Growth Director will notify the individual or his/her representative of the final agency decision and the grounds for the decision, in writing. The final decision, either by the Administrative Law Judge or the Department of Labor & Economic Growth Director, if a review is conducted, will be implemented pending civil action filed by either party in any state or federal court with competent jurisdiction. If an action is filed, the court shall review all pertinent information, hear additional evidence if requested by either party, render a decision based on the preponderance of the evidence and grant such relief as the court determines appropriate.

If an Administrative Review is requested, a Michigan Commission for the Blind administrator not directly involved with the case will be assigned to review the information and make recommendations for possible resolution of the issue. This review will be conducted within 10 days of the request, and recommendations will be made within 10 calendar days of when the Administrative Review was conducted. Recommendations arising are not binding to either party. An Administrative Review shall in no way deny or delay an individual’s right to a Fair Hearing.

Mediation is another form of dispute resolution that may be requested by an individual or his/her representative with an unresolved issue regarding his/her case. This process is voluntary on the part of both parties. Entering into the Mediation process will in no way deny or delay the Fair Hearing process. The mediation process should commence within 20 calendar days of the request and in a location convenient to both parties. Mediation proceedings are confidential and may not be used by either party as evidence during any subsequent due process hearing or civil proceeding. Parties may be asked to sign a "confidentiality pledge" before entering the process. If an agreement is reached during the Mediation process, the parties will receive a written copy within 20 calendar days of the agreement.

 

CLIENT ASSISTANCE PROGRAM

The Client Assistance Program is available to assist individuals in resolving disputes with Michigan Commission for the Blind consumer services. The Client Assistance Program staff will also answer questions and provide information regarding agency services. The following are the primary objectives of the Client Assistance Program:

A. To provide information, advice and clarification to individuals about their rights, responsibilities and the services available from the Michigan Commission for the Blind;

B. To advocate for the fair and mutually satisfactory resolution of individual complaints including assistance in the appeals process.

C. To report to management on the type and frequency of individual complaints, dissatisfactions and misunderstandings for program assessment purposes.

Counselors/teachers are to make individuals fully aware of the services of the Client Assistance Program at the time of application, at the initiation of the Individual Plan for Employment and at case closure. Clients must also be informed of the Client Assistance Program phone number. That number is 800-288-5923.