Okla. Admin. Code § 612:25-4-75

Current through Vol. 41, No. 19, June 17, 2024

Section 612:25-4-75 - Arbitration of complaints after the evidentiary hearing

(a) The licensed manager has the right to file a request for arbitration with the Secretary (USDE) if dissatisfied with the outcome of the evidentiary hearing. By filing a complaint with the Secretary, the licensed manager consents to the release of information necessary for the conduct of an ad hoc arbitration panel.

(b) The complaint must be filed in writing and must contain:

(1) a statement of the grievance;

(2) the date and place of the full evidentiary hearing;

(3) a copy of the decision and what actions have been taken because of the decision;

(4) the part of the decision which is causing the dissatisfaction and reason for the dissatisfaction; and

(5) a statement as to what is required to remedy the situation.

(c) The Secretary (USDE) will convene an arbitration panel after receiving a complaint which meets the requirements in (b) of this Section. The decision of the panel will be final, except as provided for in 20 U.S.C. 107d-2. The Secretary will pay the reasonable costs for the arbitration. An abstract of the arbitration decision will be published in the Federal Register. The panel will be convened by the Secretary in accordance with (1) through (4) of this Subsection.

(1) The SLA shall designate one member of the panel.

(2) The licensed manager shall designate one member of the panel.

(3) The designees of the SLA and the licensed manager shall together designate the third panel member who shall not be an employee of the SLA. This member shall be the chairperson of the panel.

(4) If the SLA or licensed manager does not select a member for the panel, the Secretary will designate such a member on the applicable party's behalf.

Okla. Admin. Code § 612:25-4-75

Added at 14 Ok Reg 1472, eff 7-1-97