(a) An
administrative review is an informal procedure through which the board affords
a blind vendor or his representative an opportunity to express and seek remedy
for his dissatisfactions with any board action arising from the operation or
administration of the vending facility program. Administrative review is not a
"contested case" within the meaning of Section
4-166(2)
of CGS. The administrative review is not open to the public.
(b)
Review Officer: An
administrative review shall be conducted by the board's executive director or a
member of its supervisory staff, to be designated by the executive director,
who did not participate in the agency action in question.
(c)
Prior Notification of Actions
Affecting Vendors and Right to Review or Fair Hearing
At least ten (10) days prior to instituting any action by the
board which substantially affects a vendor's rights, duties and privileges in
the operation of a facility, except as may otherwise be provided for in the
vendor operating agreement, the chief of the division of industries shall
notify the vendor in writing of the action to be taken. The notice shall be
dated and shall include a statement informing the vendor of the reasons for the
action to be taken; that if he wishes to challenge or oppose the intended
action, he must request an administrative review within fifteen (15) working
days of receipt of notice.
(d)
Opportunity for an Administrative
Review
(1) The board shall afford an
opportunity for an administrative review to every licensed vendor who so
requests.
(2) Every licensed vendor
shall be informed in writing at the time his license is issued and at the time
of any action affecting him:
(A) of his right
to an administrative review as described in these regulations;
(B) of the method by which he may obtain an
administrative review; and
(C) that
he may be represented by an authorized representative such as legal counsel,
member of state committee of blind vendors, lay advocate, relative or other
spokes-person. If fees are charged by legal counsel, the vendor is responsible
for payment.
(3) A
vendor or his designated representative must file a written request for a
review within fifteen (15) days of the occurrence of the action arising out of
the operations or administration of the state vending facility program with
which the blind vendor is dissatisfied.
(e)
Scheduling and Location of
Administrative Review
An administrative review shall be:
(1) scheduled within fifteen (15) working
days of receipt of the written request for review but may be postponed by
mutual consent of the vendor and the executive director;
(2) held during board working hours;
and
(3) conducted at the board's
central office location or at a location mutually satisfactory to the
parties.
(f)
Reader Services and Transportation
(1) the board shall provide reader services
at the review if needed and requested by the vendor at least seven (7) days
prior to the review date;
(2)
should transportation be required, reimbursement will be paid to the vendor for
a round trip from the vendor's home to the board's office in accordance with
the transportation rate established by Section
10-306-13(c) of
the Connecticut regulations.
(g)
Use of Vendor Records
Review by the vendor of his vocational rehabilitation record,
if any, shall be permitted in accordance with the provisions set forth in
Section 10-308-2(f) of
the Connecticut regulations. Other relevant agency and/or vendor records may be
reviewed by either party.
(h)
Request for Administrative
Review
A vendor has a right to request an administrative review in any
of the following situations:
(1)
matters concerning abandonment;
(2)
termination of a vending license;
(3) matters concerning transfer or
promotion;
(4) matters concerning
value of equipment or inventory;
(5) matters concerning maintenance of
equipment;
(6) matters concerning
purchase and/or payment for new equipment and the need for new
equipment;
(7) matters concerning
pricing of merchandise;
(8)
coercive or otherwise improper conduct on the part of any board employee
involved with the vendor, including unwarranted or illegal conditions imposed
on the operation of the facility.
(i)
Notice
Seven (7) calendar days prior to the administrative review, the
review officer shall provide written notice to all parties as to the date, time
and place of the review, including notice of the vendor's right to
representation.
(j)
Request for Rescheduling
Prior to the day on which an administrative review is
scheduled, the review officer may reschedule the review upon written notice to
the vendor or his authorized representative or by agreement between the
parties.
(k)
Default
Failure to appear at a scheduled review shall be deemed a
waiver of a right to a review. Upon such failure, the review officer may issue
an order disposing of the matter or may, if requested by the defaulted party
within ten (10) days of the default, reschedule the review.
(l) Adjustment of Matters Related to an
Administrative Review
The fact that an administrative review has been filed does not
prohibit the parties from making an adjustment in the matters at issue prior to
administrative review. If, as a result of an adjustment, the vendor is
satisfied and wishes to withdraw all or part of his petition for an
administrative review, the vendor or his authorized representative shall
transmit to the review officer his signed written withdrawal. However, the
review officer may not delay nor cancel the administrative review because of a
possible adjustment that is under consideration unless the vendor requests a
delay or cancellation.
(m)
Rights of the Vendor
The vendor shall have the right and be given the opportunity to
present and establish all relevant facts by oral written statement, the
introduction of pertinent portions of his records or board documents, advance
pertinent arguments and to present witnesses in his behalf.
(n)
Duties and Authority of Review
Officer
(1) the review officer shall
have the duty to conduct a fair review to assure equitable treatment to all
parties, to define the issues, to receive and consider all relevant evidence,
to exclude irrelevant evidence and to reach a fair decision in accordance with
the law and good professional practices.
(2) the review officer's duties shall include
the following:
(A) to assist all present to
make a full and free statement of facts necessary to determine the issues
involved;
(B) to ensure that all
parties are given full opportunity to present their claims;
(C) to receive and to rule on relevancy of
evidence presented;
(D) to rule on
issues involving inspection of records;
(E) to introduce any regulations, statutes,
or other materials he believes relevant to the issues at the proceeding;
and
(F) to attempt to resolve the
issues by agreement among the parties.
(o)
Basis of Decision
The review officer's decision shall be based upon the
applicable law and evidence presented at the review unless the evidence is in
the nature of additional reports requested by the review officer at the
review.
(p)
Kinds of
Decisions
(1) The review officer may
accept a settlement of the issues as agreed to by the parties or may decide in
favor of the vendor or of the board.
(2) The review officer may accept a
withdrawal or default any party who fails to appear.
(q)
Form of Decision
The decision shall be a statement of the issues involved in the
review, a finding of fact and a statement of the conclusions including the
basis for the conclusions.
(r)
Notice of Decision
The review officer shall render a decision within fifteen (15)
working days from the date the review is concluded and shall mail a written
copy of the decision to the vendor within such fifteen (15) day time period,
informing the vendor of the following:
(1) if the decision is favorable to the
vendor, the review officer shall notify him of his right to prompt
implementation; or
(2) if the
decision is adverse to the vendor, the review officer shall include in the
notice of decision, the effective date of the decision and a statement
informing the vendor of his right to a full evidentiary hearing as set forth in
Section
10-303-11
of these regulations.
(s)
Effective Date of Decision
The effective date of the decision shall be fifteen (15) days
from the date of mailing.
