Office of Vocational Rehabilitation
The Impartial Due Process Hearing (Impartial Hearing)
If the customer requests an Impartial Hearing, the Impartial Hearing Officer shall be selected at random, with geographic consideration, from a list maintained by OVR. The Impartial Hearing Officer shall set the date, time and place for the Impartial Hearing and give notice of same in writing to all parties. The hearing shall be held within 60 calendar days from the date the request for an impartial due process hearing was received by the director of the BVRS or BBVS. The Impartial hearing shall be conducted in accordance with the following statutes and regulations:
- Administrative Agency Law, 2 PA C.S.A. 101, et §2_q.
- General Rules of Administrative Practice and Procedure I PA Code 3 1. 1, et seq.
- the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701, et seq. and the regulations promulgated there under, 34 CFR part 361
- the Pennsylvania Vocational Rehabilitation Act, 43 P.S. 682. let seq.
At the hearing, the customer and representatives of OVR shall have:
- the right to present witnesses
- the right to present evidence
- the right to cross-examine witnesses or challenge evidence presented
- an opportunity to review or receive copies of all documents and records used at the Informal Administrative Review (IAR), if an IAR was conducted
- the right to review the case file
- the opportunity to submit legal arguments to the Impartial Hearing Officer.
A verbatim recording shall be made of the hearing.
Assistant Director, BVRS