Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 3 - BLIND VENDOR PROGRAM › Section 192-3-013 - Evidentiary Hearings and Arbitration of Vendor Complaints

Current through June 17, 2024
013.01.
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
				Statute
84-1410.