Page:United States Statutes at Large Volume 100 Part 2.djvu/1100

 100 STAT. 1816

29 USC 732.

29 USC 722.

State and local governments.

Ante, p. 1814.

Reports.

State and local governments.

Reports.

Ante, p. 1812.

PUBLIC LAW 99-506—OCT. 21, 1986

ment detailing how such services shall be provided or arranged through cooperative agreements with other service providers; and "(I) provide a description of the availability of a client assistance project established in such area pursuant to section 112. "(2) Each individualized written rehabilitation program shall be reviewed annually at which time such individual (or in appropriate cases, the parents or guardian of the individual) will be afforded an opportunity to review such program and jointly redevelop and agree to its terms. Each individualized written rehabilitation program shall be revised as needed.". (b) REVIEW OF DETERMINATIONS.—Section 102(d) of the

Act

is

amended to read as follows: "(d)(1) Except as provided in paragraph (4), the Director of any designated State unit shall establish procedures for the review of determinations made by the rehabilitation counselor or coordinator under this section, upon the request of an individual with handicaps (or, in appropriate cases, such individual's parents or guardian). "(2) Such review procedures shall provide an opportunity to such individuals for the submission of additional evidence and information to an impartial hearing officer who shall make a decision based on the provisions of the State plan approved under section 101(a). "(3)(A) Within 20 days of the mailing of the decision to the individual with handicaps (or, in appropriate cases, such individual's parents or guardian), the Director shall notify such individuals of the intent to review such decision in whole or in part. "(B) If the Director decides to review the decision, such individuals shall be provided an opportunity for the submission of additional evidence and information relevant to a final decision. "(C) A final decision shall be made in writing by the Director and shall include a full report of the findings and the grounds for such decision. When a final decision is made, a copy of such decision shall be provided to such individuals. "(D) Except as provided in paragraph (4), the Director may not delegate responsibility to make any such final decision to any other officer or employee of the designated State unit. "(4)(A) A fair hearing board, established by a State before January 1, 1985, and authorized under State law to review determinations under this Act, is authorized to carry out the responsibilities of the Director under this subsection. "(B) The provisions of paragraphs (1) through (3) of this subsection shall not apply to any State to which subparagraph (A) of this paragraph applies.". "(5)(A) The Director shall collect data described in subparagraph (B) and prepare and submit to the Commissioner a report containing such data. For the report submitted on or before February 1, 1988, the Commissioner shall prepare a summary of the information furnished under this paragraph and include the summary in the annual report submitted under section 13. "(B) The data required to be collected under this paragraph shall include— "(Da description of State procedures for review; "(2) the number of appeals to the independent hearing officer and the State Director, including the type of complaint and the issues involved;

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