Current through Vol. 42, No. 1, September 16, 2024
(a)
Due
process overview. The SLA provides procedures for fair hearings of
licensed managers' grievances. These procedures provide each licensed manager
the opportunity to seek remediation of dissatisfaction with any SLA action
arising from the operation of the BEP.
(b)
Informal administrative
review. It is the policy of the SLA to resolve complaints in an
expeditious and facilitative manner. These resolutions shall be accomplished
through the informal administrative review process whenever possible. A
licensed manager has the right to request a full evidentiary hearing at any
time within established due process time lines. These timelines are identified
later in this policy.
(1) Informal
administrative reviews are conducted by the SLA staff person closest to the
problem who was not involved in the action resulting in the complaint, and who
can resolve the complaint in the most expeditious manner.
(2) The informal administrative review is to
be completed within 30 calendar days of receipt of the complaint to the
appropriate SLA staff person.
(3)
The results of the informal administrative review are to be reported in writing
within 15 calendar days to the BEP Operations Coordinator, with a copy going to
the licensed manager affected.
(c)
Full evidentiary hearings.
Licensed managers have the right to a full evidentiary hearing to resolve
dissatisfaction with any SLA action arising from the operation or
administration of the Business Enterprise Program.
(1) If the complaint cannot be resolved with
an informal administrative review, or in the absence of an informal
administrative review, the licensed manager may request a full evidentiary
hearing. The request for a full evidentiary hearing must be made to the BEP
Operations Coordinator in writing within 30 calendar days from the date the
licensed manager receives the notification of adverse action, or the written
report of the informal administrative review. The request for a full
evidentiary hearing is to be sent by certified mail. Upon receipt, the BEP
Operations Coordinator will immediately forward the request to the Visual
Services Division Administrator. The Licensed Manager submitting the request
for full evidentiary hearing will be notified of the date it was
forwarded.
(2) The licensed manager
may be represented in the evidentiary hearing by legal counsel, or other
representation of the licensed manager's choice, and at the licensed manager's
expense.
(3) Reasonable
accommodations will be arranged by the SLA upon the request of the licensed
manager.
(4) The hearing will be
scheduled by the SLA for a time and place convenient and accessible to the
licensed manager and the SLA staff involved in the hearing. The licensed
manager will be notified of the place and time of the hearing and the right to
be represented by legal or other counsel in writing.
(5) The hearing will be conducted by an
impartial and qualified official with no involvement or vested interest in the
SLA, action at issue, or with the operation of the affected business
enterprise. The presiding officer will conduct the hearing in accordance with
State and/or Federal laws and rules governing the conduct of such proceedings.
In any case, the hearing will be conducted in a manner that avoids delay,
maintains order, and provides for a full recording and reporting of the
proceedings so that a full and true disclosure of the facts and issues
occurs.
(6) The hearing officer's
determination will be based upon the facts as presented by both parties and
upon applicable law and the existing rules of the SLA. The hearing officer does
not have the power to rule upon the legality or construction of the rules
themselves. The officer's decision will determine the relevant issues and facts
to be ruled upon.
(7) The hearing
officer shall make a written report of the evidence presented, the laws and
rules used in determining a resolution, and the resolution itself. This report
shall be issued to the BEP Operations Coordinator and the licensed manager, or
his/her authorized representative within 15 calendar days of the conclusion of
the full evidentiary hearing.
(8)
The hearing officer's report shall be issued to the Director of the SLA within
15 calendar days of the conclusion of the full evidentiary hearing. The SLA
Director issues his or her final written decision to the BEP Operations
Coordinator and the licensed manager within 30 calendar days of the date on
which he or she receives the hearing officer's report.
(9) If the licensed manager is dissatisfied
with the decision, she or he may request that the Secretary (USDE) convene an
arbitration panel.
Added at 14 Ok Reg
1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff 7-1-05; Amended at 29 Ok Reg
1447, eff 7-1-12
