Section 17-403-15 - A licensed vendor's right to a full evidentiary hearing(a) Upon timely receipt of a written request, a full evidentiary hearing shall be conducted in accordance with 34 C.F.R. section 395.13, notwithstanding any State Statutes to the contrary.(b) Any blind licensee who is dissatisfied with any action arising from the Operation or administration of the vending facilities program may submit to the SLA a request for hearing. (1) The hearing request must be made within 90 calendar days of a decision or action taken by the SLA, with the exception of a hearing request made by a vendor who has been suspended or terminated. If the 90th day falls on a weekend or holiday, the 90th day shall be the working day following the weekend or holiday.(2) The date of request is the date the SLA receives the signed request for hearing from the vendor or, as appropriate, vendor's representative.(3) The request shall be in writing to the division administrator of the SLA. The vendor or, as appropriate, vendor's representative, may submit the request using the SLA's preprinted form or ther writing. The request for hearing must contain the disputed decision or action taken by the SLA, the date of the disputed decision or action, and the SLA staff involved.(4) The request for hearing shall be acknowledged in writing by the division administrator within 15 calendar days of its receipt by the division.(5) A copy of the request for hearing shall be filed in the vending facility program's record of Services for the vendor.(6) The full evidentiary hearing must be held within 30 calendar days of the request for hearing. The evidentiary hearing may be extended: (C) For a period not to exceed 30 days from the date of administrative review if a vendor renews the request for a full evidentiary hearing.(c) The full evidentiary hearing shall be conducted by a qualified and impartial hearing officer who has no involvement with the SLA's administration or Operation of the vending facility program and who has received training from the department of human Services with respect to the Performance of official duties.(d) Within 5 days from the evidentiary hearing request, the vendor or, as appropriate, vendor's representative, shall have the right and responsibility to select a hearing officer from a list of qualified and impartial hearing officers maintained by the SLA. If no hearing officer is selected by the vendor, the SLA shall appoint a hearing officer from the list of hearing officers.(e) The vendor or, as appropriate, vendor's representative, shall be provided the opportunity to submit evidence and other Information that supports the vendor's position during the hearing.(f) The vendor or, as appropriate, vendor's representative, shall be allowed to be represented during the hearing, by counsel or other advocate selected by the vendor or, as appropriate, vendor's representative, at the vendor's expense.(g) Interpreter or reader Services shall be arranged by the SLA for the vendor or, if appropriate, vendor's representative.(h) The SLA may pay for transportation of the vendor to and from the place of the hearing if the hearing is held on another island than the vendor's place of residence. The SLA is not required to pay for any costs for the vendor's representative.(i) A written position Statement explaining the reasons for the SLA's decision or action taken, and citing the authority or the specific sections of the federal or State rules or regulations on which the agency's decision was based, shall be submitted to the hearing officer and the vendor or representative in advance of the hearing. A copy of this Statement shall be filed in the SLA's record of Services for the vendor.[Eff NOV 13 2010 and comp) (Auth: HRS § 201-14) (Imp. 20 U.S.C. §§ 107d-1, 107d-2, 34 C.F.R. section 395.13)