§ 7353.6. Mediation.
9 CA ADC § 7353.6BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 3. Department of Rehabilitation
Chapter 12. Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures
Article 1.5. Mediation
9 CCR § 7353.6
§ 7353.6. Mediation.
(a) All requests for mediation of a dispute between an individual and the Department relating to the application for or receipt of Vocational Rehabilitation services shall:
(1) Be made within one year of the action(s) or decision(s) involved.
(2) Be made in writing and directed to the Department of Rehabilitation, Legal Affairs or sent by electronic mail to email@example.com. Mediation may also be requested at the same time a request for fair hearing is filed. By requesting a mediation, an individual consents to the release of the information contained in the request to a Qualified Impartial Mediator and to the sharing of information about the individual's case with a Qualified Impartial Mediator.
(3) Include the following information:
(A) The reason for the mediation and why the party requesting mediation thinks the decision should be changed.
(B) The action the party requesting mediation wishes to have taken.
(b) The Department of Rehabilitation, Legal Affairs will contact the parties involved in the dispute to verify that all parties agree to mediation and to schedule the mediation. The District Administrator or his or her designee with authority to resolve the dispute shall attend the mediation on the Department's behalf. The mediation shall be held within 25 calendar days of the Department of Rehabilitation, Legal Affairs' receipt of the request for mediation, unless the parties agree to a later date. Requesting mediation shall not delay the scheduling of a Fair Hearing, unless all parties agree to the continuation of the Fair Hearing.
(c) Mediations shall be scheduled at a time and place convenient for all parties. The individual has a right to be represented at the mediation. Interpreter and reader services shall be provided for the mediation upon request for clients who are non-English-speaking, deaf, hearing impaired, speech impaired, blind, or visually impaired. The Department may authorize transportation and attendant services for the mediation upon request for those who require such help and are unable to secure assistance through other sources.
(d) Discussions that occur during the mediation process are confidential and may not be disclosed to anyone outside the mediation process or used as evidence in any subsequent due process hearings or civil proceedings. The mediator may require the parties to the mediation process to sign a confidentiality pledge prior to the commencement of the process. The parties have a right to submit evidence and information to support their positions at the mediation. Evidence that is otherwise available outside of mediation is not inadmissible in a subsequent proceeding or protected from disclosure solely by reason of its introduction or use in mediation.
(e) An agreement reached by the parties to the dispute in the mediation process must be described in a written mediation agreement that is issued by the impartial and qualified mediator and signed by all parties. Copies of the agreement must be given to all parties and placed in the case record.
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Section 722(c)(4).
1. New article 1.5 and section filed 9-27-2000 as an emergency; operative 9-27-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-25-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2000 order transmitted to OAL 1-5-2001 and filed 2-20-2001 (Register 2001, No. 8).
3. Amendment of subsection (a)(2) filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.
4. Amendment of subsection (a)(2) refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-17-2013 order, including amendment of subsections (a)(2) and (b), transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 10).
6. Change without regulatory effect amending subsections (b) and (d) filed 5-12-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 20).
This database is current through 1/14/22 Register 2022, No. 2
9 CCR § 7353.6, 9 CA ADC § 7353.6
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