(307) 632-3496 wypanda@wypanda.com

Appeal Rights

Client Assistance Program

320 West 25th Street, 2nd Floor
Cheyenne, WY 82001
307-638-7668 Voice/TDD
1-800-821-3091 (Assistance Requests Only)
307-638-0815 FAX
E-mail: wypanda@wypanda.com
Website: www.wypanda.com

The protection and advocacy system for the state of Wyoming.
This document is not intended to provide legal advice.
It is not a substitute for consulting with an attorney of your choice.

CLIENTS’ RIGHTS

  1. Application. You have the right to apply or reapply for rehabilitation services.
  2. Eligibility. You have the right to an evaluation to determine if you are eligible for vocational rehabilitation services. You are to be notified of the eligibility decision within 60 days of your signed statement of application. However, there are times the necessary information cannot be obtained within the stated time through no fault of your counselor or yourself. You and your counselor will discuss available options. If you are not eligible, you have a right to know why.
  3. Participate in Program Planning. You have the right to be a participant in the planning of your vocational goals, rehabilitation services and to choose the service vendor.
  4. Confidentiality. All information given to your counselor will be used only for your rehabilitation program.
  5. Case File. You have a right to see information in your file. Your counselor will explain the exceptions. You may have a third party review your file.
  6. Closure. You have a right to be consulted before your counselor closes your case.
  7. Non-Discrimination. You have the right to be provided rehabilitation services in a non-discriminatory manner without regard to race, color, creed, sex, national origin, or disability.
  8. Client Assistance Program Notification. You have the right to be provided information concerning the availability of CAP.
  9. Appeals Process. You have the right to access Division of Vocational Rehabilitation’s (DVR) informal and formal appeal processes.

The first step is to submit a letter to the State Administrator of the Division of Vocational Rehabilitation requesting to access the appeal process. The letter should be submitted within a timely manner which starts strict deadlines for further appeals.

The Client Assistance Program personnel are available to assist and if appropriate, represent you at any time prior to or during the appeal process.

The informal methods cannot be used as a means to delay a more formal hearing before an impartial hearing officer unless you and DVR jointly agree to a delay.

The following are the informal and formal steps of DVR’s appeal process.

INFORMAL 

  1. Negotiate with Counselor or Area Consultant
  2. Negotiate with Counselor or Area Consultant
  3. Administrative Review (request in writing)
  4. Mediation (request in writing)

FORMAL

  1. Fair Hearing (request in writing)
  2. Court

Strict time deadlines apply to your right to seek review of actions or determinations. You should consult with an attorney or P&A regarding these deadlines. You will lose your right to review if you do not request the review in the time required by law. See, generally, 29 U.S.C.§722(c), 34 C.F.R.§361.57 and Wyo. Stat.§§16-3-101 et seq.

This publication was made possible by funding support from the Rehabilitation Services Administration, U.S. Department of Education. These contents are solely the responsibility of the grantee and do not necessarily represent the official view of the Rehabilitation Services Administration, U.S. Department of Education.

This publication is paid 100% by federal funds and is available in alternative formats.

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