Current through Reg. 50, No. 187; September 24, 2024
(1) A Blind
licensee may file a grievance if dissatisfied with action taken by the Division
which affects the Blind licensee in the operation of the relevant Vending
facility.
(2) The grievance shall
be reviewed by a five (5) member board which shall be comprised of two (2)
persons selected by the Division and three (3) persons selected by the State
Committee of Vendors. The board shall review the written grievance, and
documents attached to such grievance and all relevant Division
documents.
(3) The grievance shall
be filed in writing with the Division, within twenty-one (21) calendar days of
notice of the action giving rise to the grievance.
(4) In all matters not involving decisions
under rule 6A-18.0425, F.A.C.:
(a) The written grievance shall specify the
action being grieved, contain a recommendation for its resolution and include
any documents deemed relevant by the grievant to the grieved action or the
proposed resolution;
(b) The board
shall consider the facts presented in the written grievance, the documents
attached to such grievance, and all relevant Division documents to determine if
any action taken by the Division violates the applicable rules and
regulations;
(c) The board shall
issue a recommendation to the Division supported by a simple majority of the
board within fifteen (15) business days of the Division's receipt of the
written grievance;
(d) The Division
shall advise the Blind licensee in writing of its disposition of the grievance
within thirty (30) business days of the Division's receipt of the written
grievance;
(e) If the grievance is
not resolved in writing to the satisfaction of the Blind licensee within thirty
(30) business days of the receipt of the grievance, the Blind licensee may
request a hearing pursuant to chapter 120, F.S. The request shall be in
writing, must comply with the requirements of section
120.569(2)(c),
F.S., filed with the Director, Division of Blind Services, within twenty-one
(21) calendar days of receipt of the Division's
disposition.
(5) In
matters involving decisions under rule
6A-18.0425, F.A.C., the
procedure shall be as stated above except that:
(a) The grievance shall be filed in writing
with the Division within seven (7) business days of the Division appointment
announcement;
(b) The written
grievance shall not include any material required under subsection
6A-18.0425(1),
F.A.C.;
(c) The board shall
consider the facts presented in the written grievance, the documents attached
to such grievance, and all relevant Division documents to determine if any
action taken by the Division violates the applicable rules and regulations;
and,
(d) The board's recommendation
shall be issued to the Division within twelve (12) business days of the
Division's appointment announcement.
Rulemaking Authority
413.011(3)(l),
413.051(12) FS.
Law Implemented 413.011(3)(f),
413.041,
413.051
FS.
New 10-20-98, Formerly
38K-1.0043, Amended
8-24-16.
