Section 192-3-013 - Evidentiary Hearings and Arbitration of Vendor Complaints013.01.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 Statute84-1410.013.02.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.192 Neb. Admin. Code, ch. 3, § 013
Amended effective 7/2/2019