Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 20 - REGULATIONS TO GOVERN THE OPERATION OF VENDING FACILITIES IN PUBLIC BUILDINGS AND OTHER PROPERTY › Part V - Vendor's Rights and Appeals › Section 22VAC45-20-150 - Procedures for a full evidentiary hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a blind vendor is dissatisfied with
				  any agency action arising from the operation or administration of the vending
				  facility program, such blind vendor may file a complaint with the department
				  requesting a full evidentiary hearing.
B. Blind vendors shall be informed in writing
				  of their rights and the procedures in obtaining a full evidentiary hearing at
				  the time they are licensed. The procedures for obtaining a full evidentiary
				  hearing are:
1. If a blind vendor requests a
				  full evidentiary hearing, such request shall be made in writing either within
				  15 working days after an adverse decision based on an administrative review or,
				  in absence of an administrative review, within 15 working days of the
				  occurrence of the action with which the blind vendor is dissatisfied. The
				  request shall be transmitted to the commissioner of the department personally
				  or by certified mail, return receipt requested. The request may be transmitted
				  through the vending facility vendors council. Such a request shall indicate
				  consent by the blind vendor for release of such information as is necessary for
				  the conduct of a full evidentiary hearing or an ad hoc arbitration
				  panel.
2. A blind vendor is
				  entitled to legal counsel or other representatives in a full evidentiary
				  hearing. A blind vendor may wish to obtain his own counsel at his own expense
				  or may wish to avail himself of any legal services available through public
				  agencies, such as the Department for Rights of the Disabled or other community
				  resources.
3. Reader services or
				  other communication services shall be arranged for the blind vendor should he
				  request it. Transportation costs and per diem shall be provided also to the
				  blind vendor during the pendency of the evidentiary hearing if the location of
				  the hearing is in a city other than the legal residence of the blind
				  vendor.
4. The hearing shall be
				  held at a time and place convenient and accessible to the blind vendor
				  requesting a full evidentiary hearing. The hearing shall be scheduled by the
				  department within 15 working days of its receipt of such a request, unless the
				  department and the blind vendor mutually agree, in writing, to some other
				  period of time. The blind vendor shall be notified in writing of the time and
				  place fixed for the hearing and of his right to be represented by legal or
				  other counsel. The blind vendor shall be provided a copy of the hearing
				  procedures and other relevant information necessary to enable him to prepare
				  his case for the hearing.
5. The
				  presiding officer at the hearing shall be an impartial and qualified official
				  who has no involvement either with the department action which is at issue in
				  the hearing or with the administration or operation of the Randolph-Sheppard
				  vending facility program. The presiding officer may be a staff member or
				  official of another state agency or a state agency hearing officer.
6. The presiding officer shall conduct a full
				  evidentiary hearing, avoid delays, maintain order and make sufficient record of
				  the proceedings for a full and true disclosure of the facts and issues. To
				  accomplish these ends, the presiding officer shall have all powers authorized
				  by law and may make all procedural and evidentiary rulings necessary for the
				  conduct of the hearing. The hearing shall be open to the public unless the
				  presiding officer determines otherwise for good cause shown.
7. The blind vendor and the department are
				  entitled to present their case by oral or documentary evidence, to submit
				  rebuttal evidence and to conduct such examination and cross-examination of
				  witnesses as may be required for a full and true disclosure of all facts
				  bearing on the issues.
8. All
				  papers and documents introduced into evidence at the hearing shall be filed
				  with the presiding officer and provided to the other party. All such documents
				  and other evidence submitted shall be open to examination by the parties and
				  opportunities shall be given to refute facts and arguments advanced on either
				  side of the issues.
9. A transcript
				  shall be made of the oral evidence and shall be made available to the parties.
				  The department shall pay all transcript costs and shall provide the blind
				  vendor with at least one copy of the transcript.
10. The transcript of testimony, exhibits,
				  and all papers and documents filed in the hearing shall constitute the
				  exclusive record for decision.
11.
				  The decision of the presiding officer shall set forth the principal issues and
				  relevant facts adduced at the hearing, and the applicable provisions in law,
				  regulation, and agency policy. It shall contain findings of fact and
				  conclusions with respect to each of the issues, and the reasons and basis for
				  them. The decision shall also set forth any remedial action necessary to
				  resolve the issues in dispute. The decision shall be made within 15 working
				  days after the receipt of the official transcript. The decision shall be mailed
				  promptly to the blind vendor and the department.
12. If a blind vendor is dissatisfied with
				  the decision rendered after a full evidentiary hearing, he may request that an
				  ad hoc arbitration panel be convened by filing a complaint with the Secretary
				  of the U.S. Department of Education. Such complaint shall be accompanied by all
				  supporting documents, including a statement of the decision rendered and the
				  reasons in support of them.