Ala. Admin. Code r. 795-7-12-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 795-7-12-.02 - Administrative Review

The purpose of an administrative review is to provide an informal process through which a vendor has the opportunity to address and resolve disagreements, issues or SLA actions affecting the operation or administration of his/her facility. An administrative review to resolve disagreements, issues or SLA actions directly affecting the operation or administration of his/her facility is a prerequisite to a commissioner's conference. The following procedures will be utilized for an administrative review:

(a) A vendor shall request in writing, to the BEP director within 15 calendar days of the occurrence of the disputed matter, an administrative review. The request shall specify the circumstances for which an administrative review is sought. The BEP director will appoint two or more SLA staff members who have not been directly involved with the affected vendor to serve on the review team. Failure of the vendor to request an administrative review within the above time frame shall constitute a waiver of his/her right to same resulting in the action becoming final and not subject to further review.

(b) The BEP director will notify the vendor of the time and place for the review.

(c) An administrative review may be dismissed if the vendor:

1. withdraws the request in writing;

2. is in default for failure to appear; or

3. request is not submitted within the time frame identified in item (a) above.

(d) The vendor will be informed, in writing, of the review team's decision within 15 days of the administrative review, including information regarding the next level of review. Should the SLA not respond within the required 15 days the vendor may proceed to the next level of due process.

(e) A copy of the administrative review decision will be filed in the vendor's BEP file.

Ala. Admin. Code r. 795-7-12-.02

New Rule: Filed January 19, 2000; effective February 23, 2000.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/20/2017.

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.