6A-18.0423. Grievance Procedure

(1) A Blind licensee may file a grievance if dissatisfied with action taken by the Division which affects the Blind licensee in the operation of the relevant Vending facility.

(2) The grievance shall be reviewed by a five (5) member board which shall be comprised of two (2) persons selected by the Division and three (3) 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.

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

(4) In all matters not involving decisions under Rule 6A-18.0425, F.A.C.:

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

(b) The board shall consider the facts presented in the written grievance, the documents attached to such grievance, and all relevant Division documents to determine if any action taken by the Division violates the applicable rules and regulations;

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

(d) The Division shall advise the Blind licensee in writing of its disposition of the grievance within thirty (30) business days of the Division’s receipt of the written grievance;

(e) If the grievance is not resolved in writing to the satisfaction of the Blind licensee within thirty (30) business days of the receipt of the grievance, the Blind licensee may request a hearing pursuant to Chapter 120, F.S. The request shall be in writing, must comply with the requirements of Section 120.569(2)(c), F.S., filed with the Director, Division of Blind Services, within twenty-one (21) calendar days of receipt of the Division’s disposition.

(5) In matters involving decisions under Rule 6A-18.0425, F.A.C., the procedure shall be as stated above except that:

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

(b) The written grievance shall not include any material required under subsection 6A-18.0425(1), F.A.C.;

(c) The board shall consider the facts presented in the written grievance, the documents attached to such grievance, and all relevant Division documents to determine if any action taken by the Division violates the applicable rules and regulations; and,

(d) The board’s recommendation shall be issued to the Division within twelve (12) business days of the Division’s appointment announcement.

Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0043, Amended 8-24-16.