Ala. Admin. Code r. 795-7-12-.03

Current through Register Vol. 43, No. 02, November 27, 2024

Section 795-7-12-.03 - Conference With The Commissioner

A conference with the commissioner may be requested when a vendor is dissatisfied with an administrative review decision or is dissatisfied with SLA actions not directly affecting the operation or administration of his/her facility. A conference with the commissioner shall be non-evidentiary and not of record.

The following procedures will be utilized for a conference with the commissioner:

(a) A vendor shall request, in writing, a conference with the commissioner within 15 calendar days of receipt of the administrative review decision or at anytime he/she is dissatisfied with SLA actions not directly affecting his or her facility.

(b) The request shall specifically describe the matter in dispute or the alleged error committed by the review team in reaching its decision. In the case of any dispute that arises from the operation or administration of a vendor's facility, no new issue or dispute not previously addressed and/or resolved by the administrative review team shall be considered.

(c) The conference with the commissioner shall be scheduled within 45 calendar days of receipt of a properly filed request.

(d) The SLA shall dismiss a request for conference with the commissioner if the vendor:

1. withdraws the request in writing;

2. is in default for failure to appear; or

3. dispute is a new issue or problem not previously addressed by the administrative review team.

(e) The commissioner will issue, in writing to the vendor, a final decision within 15 calendar days of the conference and inform him/her of the next level of due process. Should the SLA not respond within the required 15 calendar days the vendor may proceed to the next level of due process.

Ala. Admin. Code r. 795-7-12-.03

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.