013.01.
AUTHORIZATION FOR A FULL
EVIDENTIARY HEARING. Any blind vendor who feels aggrieved by an
action of the State Licensing Agency directly affecting him or her may file a
grievance in writing with the Executive Director of the State Licensing Agency
for a full evidentiary hearing before an individual or panel comprised of one
designee of the SLA's Executive Director, one designee of the grievant, and one
neutral party, agreed upon by both.
013.01A.
Such a hearing shall include representation by counsel for the vendor at the
vendor's expense, if desired; an opportunity for witnesses to testify;
cross-examination of witnesses; and a written or recorded decision explaining
why the grievance was either denied or granted; and shall conform to the
requirements of Nebraska's Administrative Procedures Act, Nebraska
Revised Statutes Section
84-901
et. seq.
013.01B. The State
Licensing Agency shall hold the hearing at a reasonable time, not to exceed 30
days following the filing of the grievance by the vendor. The SLA shall give
reasonable notice to the vendor of the time and place of the hearing, which may
be postponed for good cause by the Panel or by mutual agreement of the
parties.
013.01C. Should the
aggrieved blind vendor so desire, he or she may first submit the grievance to
the Committee of Blind Vendors requesting the Committee to act as his or her
advocate in the matter. The aggrieved blind vendor may appear in person before
the Committee, meeting specifically to hear the grievance, or may submit the
grievance to the Committee in writing or in some recorded form (including
braille or digital format).
013.01C1. The
grievant may call upon others to testify in his or her behalf to the extent
that the Committee of Blind Vendors deems it necessary to establish the facts
of the situation. If such testimony should be relevant to the grievance, the
Committee may exclude evidence that is needlessly cumulative.
013.01C2. The Committee of Blind Vendors
shall review the written statement, if any, from the SLA announcing the action
to the vendor who is appealing.
013.01C3. After reviewing all relevant facts,
the Committee of Blind Vendors shall forward the grievance to the Executive
Director of the SLA together with its recommendation as to disposition. The
Committee of Blind Vendors may recommend anything from outright rejection of
the grievance to acceptance of said grievance and reversal of the original
action.
013.01C4. The Committee of
Blind Vendors may seek to negotiate a reconciliation between the parties or it
may act as advocate for the vendor.
013.01C5. On receipt of a grievance from the
Committee of Blind Vendors, the State Licensing Agency shall respond in a
reasonable time, not to exceed five working days, to the recommendation by
either reaffirming, reversing or modifying its original action.
013.01C6. The Committee may meet in closed
session only in accordance with Nebraska Revised
Statute
84-1410.
013.02.
APPEAL TO THE
SECRETARY. if the aggrieved blind vendor is dissatisfied with the
outcome of this hearing decision rendered subsequent to the full evidentiary
hearing, he or she may file a complaint with the Secretary of Education. The
complaint shall include all available supporting documents including the
decision rendered at the hearing and the reasons in support thereof. The appeal
shall be conducted in accordance with the federal rules of 34CFR 395.
013.03.
CONSENT FOR RELEASE OF
INFORMATION. The filing of a complaint under this rule with either
the State Licensing Agency or the Secretary shall indicate consent by the blind
vendor for the release of such information as is necessary for the conduct of a
full evidentiary hearing or the hearing of an ad hoc arbitration
panel.
