Or. Admin. Code § 585-015-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 585-015-0035 - Dispute Resolution

(1) Dispute Resolution Process - The dispute resolution process is a formal complaint process that should be utilized when a vending facility manager, or licensee, is unable to informally resolve their concerns. Multi-party complaints are prohibited. The Director will attempt to resolve vending facility manager, or licensee, concerns at the lowest possible level. Complaints filed by a VFM, or licensee, must be concerning any Business Enterprise Program action arising from the operation or administration of the program.

(a) Step 1, filing of a complaint: Except for the actions described in Paragraph (3)(a)(B) below (intent to remove licensure), any vending facility manager or licensee filling a complaint must file their complaint in writing, using the Commission approved form;

(b) Step 2, documenting the complaint: The complainant shall provide sufficient detail to fully explain the concerns regarding actions arising from the operation or administration of the Business Enterprise Program. The complainant shall file the complaint no later than 60 days after the action giving rise to the complaint or within 60 days of the date the complainant knew or should reasonably have known of the action;

(c) Step 3, choice of process: The complainant may choose one of two options for how their complaint will be addressed;

(A) Option 1, the complainant may request an informal administrative review, as outlined in the Administrative Review Process section or;

(B) Option 2, the complainant may request a full evidentiary hearing. If the complainant selects this option, the agency will send a hearing request, the completed complaint form and any other evidence presented to the Oregon Office of Administrative Hearings (OAH), within 45 days. OAH will conduct the full evidentiary hearing.

(d) Step 4, submitting the complaint: The complainant must submit their complaint to the Director and indicate their choice of process.

(2) Administrative Review Process

(a) The Executive Director shall schedule the administrative review in consultation with the complainant and notify the complainant in writing of the date, time and location for the administrative review;

(b) The Executive Director shall hold the administrative review within a reasonable time of the complainant's request, taking into consideration the length and complexity of the complaint;

(c) The administrative review is informal and is conducted at the direction of the Executive Director or the Executive Director's designee. The complainant will have an opportunity to ask questions and discuss the details of the complaint;

(d) The complainant shall advise the Executive Director if they intend to have advocates or legal counsel attend with them;

(e) The Executive Director shall issue a written decision on the complaint within 60 days of completing the administrative review;

(f) The complainant may request a full evidentiary hearing if the complainant is dissatisfied with the administrative review decision by filing a written request for a hearing with the Executive Director within 30 (thirty) days after issuance of the administrative review decision.

(3) Full Evidentiary Hearing

(a) A Complainant may request a full evidentiary hearing in response to:

(A) Any Business Enterprise Program actions arising from the operation or administration of the program;

(B) A notice of intent to terminate the licensee's or vending facility manager's license; or

(C) An administrative review decision.

(b) Requests for full evidentiary hearings shall:

(A) Be submitted in writing to the Executive Director within 30 (thirty) days after the date the Executive Director issues an administrative review decision, if that is the chosen process;

(B) Be submitted in writing to the Executive Director within 60 (sixty) days for vending facility managers from another state who have received a notice denying licensure;

(C) The complainant shall file the complaint and request for an OAH full and fair evidentiary hearing no later than 60 days after the action giving rise to the complaint or within 60 days of the date the complainant knew or should reasonably have known of the action.

(c) The Executive Director shall refer a request for a full evidentiary hearing and the grievance as presented by the complainant to the OAH, within 45 days.

(d) A full evidentiary hearing is conducted as a contested case hearing before an independent administrative law judge under the procedures set forth in ORS 183.411 to 183.497.

(e) The administrative law judge issues a proposed final order in all Commission matters, except when a licensee has withdrawn their complaint, or failed to show up for the scheduled hearing. If the licensee defaults, the administrative law judge may issue a final order.

(f) If the licensee is dissatisfied with the results of the hearing, they may request the convening of an arbitration panel as provided for in 34 CFR 395.13.

(4) Arbitration - A complainant may file a request for arbitration with the Secretary of Education as authorized by Section 107 (d)1 of the Randolph-Sheppard Act, and 34 CFR 395.13 of the regulations issued pursuant to the Act.

Or. Admin. Code § 585-015-0035

CFTB 3-2017, adopt filed 12/20/2017, effective12/21/2017; CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 6/9/2021; CFTB 1-2021, amend filed 02/18/2021, effective 2/19/2021

Statutory/Other Authority: HB 3253 (2017)

Statutes/Other Implemented: ORS 183.411 to 183.497 & ORS 346.510 to 346.570