38K-1.0043. Grievance Procedure (Transferred)  


Effective on Tuesday, October 20, 1998
  • 1(1) A licensee may file a grievance if dissatisfied with action taken by the Division which affects the licensee in the operation of the relevant vending facility.

    28(2) The grievance shall be reviewed by a five member board which shall be comprised of two persons selected by the Division and three persons selected by the State Committee of Vendors. The board shall review the written grievance, and documents attached to such grievance and all relevant Division documents.

    78(3) The grievance shall be filed in writing with the Division, within 21 calendar days of notice of the action giving rise to the grievance.

    103(4) In all matters not involving decisions under Rule 11238K-1.0045, 113F.A.C.:

    114(a) The written grievance shall specify the action being grieved and contain a recommendation for its resolution and include any documents deemed relevant by the grievant to the grieved action or the proposed resolution;

    148(b) The Board shall issue a recommendation to the Division supported by a simple majority of the board within 15 days of the Division’s receipt of the written grievance;

    177(c) If the grievance is not resolved in writing to the satisfaction of the licensee within 30 calendar days of the receipt of the grievance, the licensee may request a hearing pursuant to Chapter 120, Florida Statutes, which request shall be in writing and filed with the Director, Division of Blind Services, within 21 calendar days of receipt of the Division’s response.

    239(5) In matters involving decisions under Rule 24638K-1.0045, 247F.A.C., the procedure shall be as stated above except that:

    257(a) The grievance shall be filed in writing with the Division within 7 days of the Division appointment announcement;

    276(b) The written grievance shall not include any material required under subsection 28838K-1.0045(1), 289F.A.C.; and

    291(c) The Board’s recommendation shall be issued to the Division within 12 days of the Division’s appointment announcement.

    309Specific Authority 311413.051(12) FS. 313Law Implemented 315413.051 FS. 317History–New 10-20-98.

     

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