Ala. Admin. Code r. 795-7-12-.04

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

Section 795-7-12-.04 - Full Evidentiary Hearing

In the event a vendor is dissatisfied with the decision of the commissioner, he/she may request a full evidentiary hearing. Generally, a conference with the commissioner is a prerequisite to a full evidentiary hearing; however, the SLA will provide an opportunity for a full evidentiary hearing prior to taking adverse action such as suspension or termination of a vendor's license. The request for a full evidentiary hearing shall specifically identify the matter in dispute and the error(s) committed in the decision of the commissioner. No new issue or dispute may be raised which was not previously addressed in either the administrative review or the conference with the commissioner. The following procedures shall be utilized for a full evidentiary hearing:

(a) A vendor must file a request for a full evidentiary hearing, in writing, within 30 days after receipt of the commissioner's decision. The request shall be presented to the ADRS commissioner personally or by certified mail, return receipt requested.

(b) A vendor may represent himself/herself or be represented by his designee, at his own expense.

(c) Reader services or other communication or accommodating services shall be arranged for the vendor, if requested in writing.

(d) The hearing shall be held within 45 days of the request at the ADRS office in Montgomery, Alabama. The department, upon the receipt of a proper and timely request will schedule the hearing. The vendor shall be notified, in writing, of the time and date of the hearing.

(e) The hearing officer shall be an impartial official, appointed by the commissioner, who has had no involvement with either the issues, the administration, or the operation of BEP.

(f) The hearing officer shall conduct a full evidentiary hearing, maintain order, and make a sufficient record of the proceedings. To accomplish these ends, the hearing officer shall have the power to rule on all procedural and evidentiary matters necessary and set such schedules for the effective conduct of the hearing.

(g) The hearing officer may schedule a pre-hearing conference to facilitate the clarification of disputed issues to be reviewed, the exchange of witness lists, the exchange of exhibits and objections thereto, and may address other matters that would facilitate the resolutions of the dispute. The hearing shall be open to the public unless otherwise determined by the hearing officer. Any of the parties may request a closed hearing which shall also be determined by the hearing officer.

(h) The burden of proof shall be upon the vendor to establish, by sufficient evidence, the irregularity of the decision of the commissioner.

(i) The vendor and the SLA may present their position by either oral or documentary evidence, or both. Each party may submit rebuttal evidence and conduct such examination and cross-examination of witnesses.

(j) All exhibits that may be introduced into evidence at the hearing shall be filed with the hearing officer and provided to the other party at least five days prior to the date of the hearing, consistent with the pre-hearing order of the hearing officer. Any party failing to exchange exhibit(s) and witness list(s) at least five days prior to the hearing shall be prohibited from introducing the exhibit(s) or offering the testimony of the witness(es), as the case may be.

(k) An official authorized to take oaths shall swear all witnesses who testify.

(l) At the request of either the vendor or SLA a transcript shall be made of the hearing. The SLA shall maintain the transcript. The vendor will be provided a copy of the transcript at cost.

(m) The testimony, exhibits, transcript if requested, and all papers and documents admitted into evidence at the hearing shall constitute the exclusive record for decision.

(n) The decision of the hearing officer shall address the principle issue(s) for review and relevant facts presented at the hearing, and the applicable provisions of law, regulation, or SLA policy. The hearing officer shall decide each issue(s). If necessary, the reason and basis for remedial action (s) are within the power of the hearing officer to resolve the matter(s) in dispute. The decision shall be rendered within 30 days after the hearing, unless an expansion of time is required. The decision shall be mailed to the vendor by certified mail and furnished to the SLA.

(o) If the vendor is dissatisfied with the full evidentiary hearing decision, he/she may request that a federal arbitration panel be convened by filing a complaint with the Secretary of the United States Department of Education.

Ala. Admin. Code r. 795-7-12-.04

New Rule: Filed January 19, 2000; effective February 23, 2000. Amended: Filed March 9, 2004; effective April 13, 2004.

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.