South Carolina Code of Regulations
Chapter 18 - SOUTH CAROLINA COMMISSION FOR THE BLIND
Title 1 - BUSINESS ENTERPRISE PROGRAM
Section 18-13 - Administrative Reviews, Evidentiary Hearings and Arbitration of Blind Licensed Vendor Complaints

1. The purpose of an Administrative Review is to provide an informal procedure through which the Agency provides a Blind Licensed Vendor or his or her representative an opportunity to express and seek remedy for his or her dissatisfactions with any Agency action arising from the operation or administration of the vending facility program. The Agency will make every effort to resolve a Blind Licensed Vendor's complaint at the Administrative Review level since the resolution of disputes at the earliest possible time is mutually advantageous to all parties concerned. Such efforts will not discourage or interfere with Blind Licensed Vendors exercising their rights to pursue the Full Evidentiary Hearing process.

2. A Blind Licensed Vendor or his or her designee (who may be a member of the BEP Vendors Committee in accordance with Section 395.14 (B) (2) of the Randolph-Sheppard Regulations) may request in writing, to the Commissioner within 15 working days of the occurrence of the action, an Administrative Review of an Agency action arising out of the Vending Facility Program with which the Blind Licensed Vendor is aggrieved. This review will be made only by a member or members of the administrative staff of the Agency who has not in any way participated in the Agency action in question.

3. The Administrative Review will be held at a time and place convenient to the Blind Licensed Vendor requesting such review. The Administrative Review should be held during regular Agency working hours at the Central Office. An Administrative Review will be conducted within fifteen (15) working days of receipt by the Agency of such a written request.

4. Transportation, reader or other communication services, if needed, will be arranged for the Blind Licensed Vendor by the Agency.

5. Documentation as to written requests for Administrative Reviews, actions and decisions resulting therefrom will be maintained as part of the Official Record of the Administrative Review Process.

6. When an informal Administrative Review does not resolve a dispute to the satisfaction of a Blind Licensed Vendor, such Blind Licensed Vendor may request of the Agency a Full Evidentiary Hearing in accordance with Section 395.13 (A) of the Randolph-Sheppard Regulations.

1. When a Blind Licensed Vendor is dissatisfied with any Agency action arising from the operation or administration of the Vending Facility Program, such Blind Licensed Vendor may file a complaint with the Agency requesting a Full Evidentiary Hearing. Such complaint should identify one or more disputed issues of fact to be resolved in an Evidentiary Hearing. Complaints alleging only issues of law, for example the authority of the Agency to take a particular action, are not appropriate for resolution through an Evidentiary Hearing. An Evidentiary Hearing should not be conducted to settle issues of law, the resolution of which depends on an interpretation of federal statutory or regulatory requirements.

2. Blind Licensed Vendors will be informed in writing of their right to and the procedures to be followed in obtaining a Full Evidentiary Hearing at the time they are licensed.

3. If a Blind Licensed Vendor requests a Full Evidentiary Hearing, such request must be made either within 15 working days after an adverse decision based on an Administrative Review or, in the absence of an Administrative Review, within 15 working days of the occurrence of the action with which the Blind Licensed Vendor is dissatisfied.

4. A Blind Licensed Vendor must request a Full Evidentiary Hearing in writing. This request must be transmitted to the Commissioner of the Agency personally or by Certified Mail, Return Receipt Requested. This request may be transmitted through the BEP Vendors Committee in accordance with Section 395.14 (B) (2) of the Randolph-Sheppard Regulations.

5. A Blind Licensed Vendor is entitled to legal counsel or other representation in a Full Evidentiary Hearing. A Blind Licensed Vendor may wish to obtain his or her own counsel at his or her own expense or may wish to avail himself or herself of any legal services available in the community at little or no cost, such as the Legal Aid Society, Neighborhood Legal Services, or any other sources willing to provide representation for the Blind Licensed Vendor.

6. Reader services or other communication services will be arranged for the Blind Licensed Vendor should he or she so request. Transportation costs and per diem will be provided also to the Blind Licensed Vendor during the pendency of the Evidentiary Hearing, if the location of the hearing is in a city other than the legal residence of the Blind Licensed Vendor.

7. The hearing will be held at a time and place convenient and accessible to the Blind Licensed Vendor requesting a Full Evidentiary Hearing. A hearing held during regular Agency working hours and located at the Agency central office or be deemed as a convenient time and place. The hearing will be scheduled by the Agency within 15 working days of its receipt of such a request, unless the Agency and the Blind Licensed Vendor mutually, in writing, agree to some other period of time. The Blind Licensed Vendor will be notified in writing of the time and place fixed for the hearing and of his or her right to be represented by legal or other counsel. The Blind Licensed Vendor will be provided a copy of the hearing procedures and other relevant information necessary to enable him or her to prepare his or her case for the hearing.

8. The presiding officer at the hearing will be an impartial and qualified hearing official who has no involvement either with the Agency action that is at issue in the hearing or with the administration or operation of the Randolph Sheppard Vending Facility Program. He or she may be a staff member or an official of another state agency or a State Agency Hearing Officer.

9. The presiding officer will conduct a Full Evidentiary Hearing, avoid delay, maintain order and make sufficient record of the proceedings for a full and true disclosure of the facts and issues. To accomplish these ends, the presiding officer will have all powers authorized by law and may make all procedural and evidentiary rulings necessary for the conduct of the hearing. The hearing will be open to the public unless the presiding officer for good cause shown otherwise determines.

10. Both the Blind Licensed Vendor and the Agency are entitled to present their case by oral or documentary evidence, to submit rebuttal evidence and to conduct such examination and cross examination of witnesses as may be required for a full and true disclosure of all facts bearing on the issues.

11. All papers and documents introduced into evidence at the hearing will be filed with the presiding officer and provided to the other party. All such documents and other evidence submitted will be open to examination by the parties and opportunities will be given to refute facts and arguments advanced on either side of the issues.

12. A transcript will be made of the oral evidence and will be made available to the parties. The Agency will pay all transcript costs and will provide the Blind Licensed Vendor with at least one copy of the transcript.

13. The transcript of testimony, exhibits, and all papers and documents filed in the hearing will constitute the exclusive record for decision.

14. The decision of the presiding officer will set forth the principal issues and relevant facts adduced at the hearing, and the applicable provisions in law, regulation and Agency policy. It will contain findings of fact and conclusions with respect to each of the issues, and the reasons and basis therefor. The decision will also set forth any remedial action necessary to resolve the issues in dispute. The decision will be made within 15 working days after the receipt of the official transcript. The decision will be mailed promptly to the Blind Licensed Vendor and the Agency.

15. If a Blind Licensed Vendor is dissatisfied with the decision rendered after a Full Evidentiary Hearing, he or she may request that an arbitration panel be convened by filing a complaint with the Secretary of the Department of Education in accordance with 395.13 (A) of the Randolph-Sheppard Regulations, within a reasonable period of time following receipt of the hearing decision.