Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-12 - DUE PROCESS › Section 795-7-12-.04 - Full Evidentiary Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
In the event a vendor is dissatisfied with the decision of the
				commissioner, he/she may request a full evidentiary hearing. Generally, a
				conference with the commissioner is a prerequisite to a full evidentiary
				hearing; however, the SLA will provide an opportunity for a full evidentiary
				hearing prior to taking adverse action such as suspension or termination of a
				vendor's license. The request for a full evidentiary hearing shall specifically
				identify the matter in dispute and the error(s) committed in the decision of
				the commissioner. No new issue or dispute may be raised which was not
				previously addressed in either the administrative review or the conference with
				the commissioner. The following procedures shall be utilized for a full
				evidentiary hearing:
(a) A vendor must
			 file a request for a full evidentiary hearing, in writing, within 30 days after
			 receipt of the commissioner's decision. The request shall be presented to the
			 ADRS commissioner personally or by certified mail, return receipt
			 requested.
(b) A vendor may
			 represent himself/herself or be represented by his designee, at his own
			 expense.
(c) Reader services or
			 other communication or accommodating services shall be arranged for the vendor,
			 if requested in writing.
(d) The
			 hearing shall be held within 45 days of the request at the ADRS office in
			 Montgomery, Alabama. The department, upon the receipt of a proper and timely
			 request will schedule the hearing. The vendor shall be notified, in writing, of
			 the time and date of the hearing.
(e) The hearing officer shall be an impartial
			 official, appointed by the commissioner, who has had no involvement with either
			 the issues, the administration, or the operation of BEP.
(f) The hearing officer shall conduct a full
			 evidentiary hearing, maintain order, and make a sufficient record of the
			 proceedings. To accomplish these ends, the hearing officer shall have the power
			 to rule on all procedural and evidentiary matters necessary and set such
			 schedules for the effective conduct of the hearing.
(g) The hearing officer may schedule a
			 pre-hearing conference to facilitate the clarification of disputed issues to be
			 reviewed, the exchange of witness lists, the exchange of exhibits and
			 objections thereto, and may address other matters that would facilitate the
			 resolutions of the dispute. The hearing shall be open to the public unless
			 otherwise determined by the hearing officer. Any of the parties may request a
			 closed hearing which shall also be determined by the hearing officer.
(h) The burden of proof shall be upon the
			 vendor to establish, by sufficient evidence, the irregularity of the decision
			 of the commissioner.
(i) The vendor
			 and the SLA may present their position by either oral or documentary evidence,
			 or both. Each party may submit rebuttal evidence and conduct such examination
			 and cross-examination of witnesses.
(j) All exhibits that may be introduced into
			 evidence at the hearing shall be filed with the hearing officer and provided to
			 the other party at least five days prior to the date of the hearing, consistent
			 with the pre-hearing order of the hearing officer. Any party failing to
			 exchange exhibit(s) and witness list(s) at least five days prior to the hearing
			 shall be prohibited from introducing the exhibit(s) or offering the testimony
			 of the witness(es), as the case may be.
(k) An official authorized to take oaths
			 shall swear all witnesses who testify.
(l) At the request of either the vendor or
			 SLA a transcript shall be made of the hearing. The SLA shall maintain the
			 transcript. The vendor will be provided a copy of the transcript at
			 cost.
(m) The testimony, exhibits,
			 transcript if requested, and all papers and documents admitted into evidence at
			 the hearing shall constitute the exclusive record for decision.
(n) The decision of the hearing officer shall
			 address the principle issue(s) for review and relevant facts presented at the
			 hearing, and the applicable provisions of law, regulation, or SLA policy. The
			 hearing officer shall decide each issue(s). If necessary, the reason and basis
			 for remedial action (s) are within the power of the hearing officer to resolve
			 the matter(s) in dispute. The decision shall be rendered within 30 days after
			 the hearing, unless an expansion of time is required. The decision shall be
			 mailed to the vendor by certified mail and furnished to the SLA.
(o) If the vendor is dissatisfied with the
			 full evidentiary hearing decision, he/she may request that a federal
			 arbitration panel be convened by filing a complaint with the Secretary of the
			 United States Department of Education.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et.
				  seq.