(a)

1. (1) When a vendor is dissatisfied with an action by the Division of State Services for the Blind arising from the operation or administration of the Vending Facility Program, the vendor may file a complaint with the division requesting a full evidentiary hearing.
2. (2) The complaint shall identify one (1) or more disputed issues to be resolved in an evidentiary hearing.

3. (3)

   1. (A) Complaints concerning actions taken by the division that are required by law are not appropriate for resolution through an evidentiary hearing since evidentiary hearings cannot settle issues of law.
   2. (B) Adherence of the division to its policies and consistency of application of its policies are examples of issues of fact that, if disputed, can be resolved through the evidentiary hearing process.

(b) Procedures.

1. (1) Vendors shall be informed in writing of their rights to a full evidentiary hearing and of the procedures for obtaining it at the time they are licensed.
2. (2) If a vendor requests an evidentiary hearing, such a request must be made within fifteen (15) working days after the adverse decision of an administrative review.

3. (3)

   1. (A) A vendor must request an evidentiary hearing in writing.
   2. (B) This request must be transmitted to the Commissioner of the Division of State Services for the Blind personally or by certified mail, return receipt requested.
   3. (C) This request may be transmitted through the State Committee of Blind Vendors.
4. (4) A vendor is entitled to legal counsel or other representation at his or her own expense or through legal services available in the community.

5. (5)

   1. (A) Reader services or other communication services will be arranged for the vendor should he or she request them.
   2. (B) Transportation costs and per diem shall be provided to the vendor if the evidentiary hearing is in a city other than the legal residence of the vendor.

6. (6)

   1. (A)

(i) The hearing will be held at a time and place convenient and accessible to the vendor.

1. (ii) A hearing held during regular working hours and located at the state office of the division may be deemed as a convenient time and location.

   1. (B) The hearing will be scheduled by the division within fifteen (15) working days of the receipt of the request unless the division and the vendor mutually agree, in writing, to some other period of time.

   2. (C)

      1. (i) The vendor shall be notified in writing of the time and place of the hearing and of his or her right to be represented by legal or other counsel.
      2. (ii) This notice shall be sent to the vendor by way of certified or registered mail.
   3. (D) The vendor shall be provided with a copy of the hearing procedures and other relevant information necessary to enable him or her to prepare his or her case for the hearing.

2. (7)

   1. (A) A panel consisting of three (3) persons will hear the evidence.
   2. (B) The vendor shall select one (1) representative, and the division will select a representative.
   3. (C) The vendor's representative and the agency's representative shall then select the third member of the panel.
   4. (D) The third person selected shall then serve as panel chairperson.

3. (8)

   1. (A) This panel shall:

      1. (i) Conduct the hearing;
      2. (ii) Avoid delays;
      3. (iii) Maintain order; and
      4. (iv) Make sufficient record of the proceedings for a full and true disclosure of the facts and issues.

   2. (B) This panel:

      1. (i) Shall have all powers authorized by law; and
      2. (ii) May make all procedural and evidentiary rulings necessary for the conduct of the hearing.
   3. (C) The hearing shall be open to the public at the discretion of the vendor.
4. (9) Both the vendor and the division are entitled to present their case by oral or documentary evidence, to submit rebuttal evidence and to conduct such examinations and cross-examinations of witnesses as may be required for a full and true disclosure of all facts affecting the issues.

5. (10)

   1. (A) All papers and documents introduced into evidence at the hearing shall be:

      1. (i) Filed with the presiding officer; and
      2. (ii) Provided to the other party.
   2. (B) All documents and other evidence submitted shall be open to examination by the parties, and opportunities shall be given to refute facts and arguments presented on either side of the issue.

6. (11)

   1. (A) A transcript shall be made of the oral evidence and shall be made available to the parties.

   2. (B) The division shall:

      1. (i) Pay all transcript costs; and
      2. (ii) Provide the vendor with a copy of the transcript.
7. (12) The transcript, exhibits, and all papers and documents filed in the hearing shall constitute the exclusive record for the decision.

8. (13)

   1. (A) The decision of the panel shall set forth the principal issues and relevant facts presented at the hearing and the applicable provision in:

      1. (i) Law;
      2. (ii) Regulation; and
      3. (iii) Agency policy.

   2. (B) The decision shall:

      1. (i) Contain findings of fact and conclusions with respect to each of the issues and the reasons for such conclusions;
      2. (ii) Set forth any corrective actions necessary to resolve the issues in dispute;
      3. (iii) Be made within fifteen (15) working days after receipt of the transcript; and
      4. (iv) Be mailed promptly to the vendor and the division.
9. (14) If the vendor is dissatisfied with the decision rendered after a full evidentiary hearing, he or she may request that an arbitration panel be convened by filing a complaint with the United States Secretary of Education.