(a) Notwithstanding the provisions of subsection 3091(a) of this title relating to fair hearings before the Human Services Board, appeals concerning benefits or services under the Rehabilitation Act of 1973 as amended shall be to the Director of the Division of Vocational Rehabilitation or the Division for the Blind and Visually Impaired, as appropriate, rather than the Human Services Board so long as federal law requires that final decisions be made by the Director of that Division.

(b) Prior to making a final decision, the Director shall hold a hearing to give the applicant an opportunity to be heard and to present evidence.

(c) When federal law no longer requires that final decisions be made by the Director of that Division, such appeals shall be to the Human Services Board as provided in subsection 3091(a) of this title unless federal law requires another method for hearing appeals. (Added 1985, No. 117 (Adj. Sess.), eff. April 16, 1986; amended 1989, No. 219 (Adj. Sess.), § 2.)