Current through Register Vol. 63, No. 12, December 1, 2024
(1) Dispute Resolution Process -
The dispute resolution process is a formal complaint process that
should be utilized when a vending facility manager, or licensee, is
unable to informally resolve their concerns. Multi-party complaints
are prohibited. The Director will attempt to resolve vending facility
manager, or licensee, concerns at the lowest possible level.
Complaints filed by a VFM, or licensee, must be concerning any
Business Enterprise Program action arising from the operation or
administration of the program.
(a)
Step 1, filing of a complaint: Except for the actions described in
Paragraph (3)(a)(B) below (intent to remove licensure), any vending
facility manager or licensee filling a complaint must file their
complaint in writing, using the Commission approved form;
(b) Step 2, documenting the
complaint: The complainant shall provide sufficient detail to fully
explain the concerns regarding actions arising from the operation or
administration of the Business Enterprise Program. The complainant
shall file the complaint no later than 60 days after the action
giving rise to the complaint or within 60 days of the date the
complainant knew or should reasonably have known of the
action;
(c) Step 3,
choice of process: The complainant may choose one of two options for
how their complaint will be addressed;
(A) Option 1, the complainant may
request an informal administrative review, as outlined in the
Administrative Review Process section or;
(B) Option 2, the complainant may
request a full evidentiary hearing. If the complainant selects this
option, the agency will send a hearing request, the completed
complaint form and any other evidence presented to the Oregon Office
of Administrative Hearings (OAH), within 45 days. OAH will conduct
the full evidentiary hearing.
(d) Step 4, submitting the
complaint: The complainant must submit their complaint to the
Director and indicate their choice of process.
(2) Administrative Review Process
(a) The Executive Director shall
schedule the administrative review in consultation with the
complainant and notify the complainant in writing of the date, time
and location for the administrative review;
(b) The Executive Director shall
hold the administrative review within a reasonable time of the
complainant's request, taking into consideration the length and
complexity of the complaint;
(c) The administrative review is
informal and is conducted at the direction of the Executive Director
or the Executive Director's designee. The complainant will have an
opportunity to ask questions and discuss the details of the
complaint;
(d) The
complainant shall advise the Executive Director if they intend to
have advocates or legal counsel attend with them;
(e) The Executive Director shall
issue a written decision on the complaint within 60 days of
completing the administrative review;
(f) The complainant may request a
full evidentiary hearing if the complainant is dissatisfied with the
administrative review decision by filing a written request for a
hearing with the Executive Director within 30 (thirty) days after
issuance of the administrative review decision.
(3) Full Evidentiary Hearing
(a) A Complainant may request a
full evidentiary hearing in response to:
(A) Any Business Enterprise Program
actions arising from the operation or administration of the
program;
(B) A notice of
intent to terminate the licensee's or vending facility manager's
license; or
(C) An
administrative review decision.
(b) Requests for full evidentiary
hearings shall:
(A) Be submitted in
writing to the Executive Director within 30 (thirty) days after the
date the Executive Director issues an administrative review decision,
if that is the chosen process;
(B) Be submitted in writing to the
Executive Director within 60 (sixty) days for vending facility
managers from another state who have received a notice denying
licensure;
(C) The
complainant shall file the complaint and request for an OAH full and
fair evidentiary hearing no later than 60 days after the action
giving rise to the complaint or within 60 days of the date the
complainant knew or should reasonably have known of the
action.
(c) The
Executive Director shall refer a request for a full evidentiary
hearing and the grievance as presented by the complainant to the OAH,
within 45 days.
(d) A
full evidentiary hearing is conducted as a contested case hearing
before an independent administrative law judge under the procedures
set forth in ORS
183.411 to
183.497.
(e) The administrative law judge
issues a proposed final order in all Commission matters, except when
a licensee has withdrawn their complaint, or failed to show up for
the scheduled hearing. If the licensee defaults, the administrative
law judge may issue a final order.
(f) If the licensee is dissatisfied
with the results of the hearing, they may request the convening of an
arbitration panel as provided for in
34
CFR 395.13.
(4) Arbitration - A complainant may
file a request for arbitration with the Secretary of Education as
authorized by Section 107 (d)1 of the Randolph-Sheppard Act, and
34
CFR 395.13 of the regulations
issued pursuant to the Act.
Statutes/Other Implemented: ORS
183.411 to
183.497 & ORS
346.510 to
346.570