1. Conduct a full evidentiary hearing as outlined in 22VAC45-20-150 (Procedures for a full evidentiary hearing) including: a. With assistance from DBVI, schedule the full evidentiary hearing within 15 working days of receipt of request, unless DBVI and the blind vendor agree, in writing, to some other time period; b. Notify the blind vendor in writing of the time and place fixed for the hearing and of his right to be represented by legal counsel; c. Conduct any pre-hearing conferences (this may include a pre-hearing conference to schedule the hearing); d. Document the outcome of any pre-hearing conference in writing to both parties within 10 calendar days; e. Communicate with all parties in a manner that avoids ex parte communication, such as ensuring that anything provided to the Hearing Officer in writing by one party at any time during the evidentiary hearing process is copied to the other party and not discussing hearing issues with one party when the other party is not present; f. Dismiss a case for a party’s non-appearance at a scheduled evidentiary hearing unless the party shows good cause to the Hearing Officer’s satisfaction; g. Conduct the full evidentiary hearing, avoid delays, maintain order, and make sufficient record of the proceedings for a full and true disclosure of the facts and issues; h. Record the hearing proceeding verbatim and providing the recording directly to the DBVI hearing coordinator. Should contacts change the Hearing Officer shall be notified as soon as possible: 2. Rule in writing on any evidentiary hearing procedural requests; 3. Render a written report to the blind vendor and the DBVI Commissioner no later than 15 working days after the receipt of the official transcript. The written report shall contain the decision and grounds for the decision. The Hearing Officer shall have the authority to render a written decision that includes required actions/orders regarding the blind vendor’s operation or administration of the Vending Stand Program. The Hearing Officer shall have no authority to render decisions or require actions/orders regarding awarding monetary damages, or alleged discrimination, or civil rights violation complaints; 4. Inform a blind vendor who is dissatisfied with the decision rendered after a full evidentiary hearing that he may request that an ad hoc arbitration panel be convened by filing a complaint with the Secretary of the U.S. Department of Education; 5. Comply with the Randolph Sheppard Act, as amended and federal regulations (34 CFR 395) for all evidentiary hearings for the DBVI Vending Facility Program complaints, and related agency policy and regulations; 6. Disqualify himself or herself from a case when the Hearing Officer believes he or she cannot conduct an impartial hearing; 7. Participate in any special meetings called by agency staff to plan and evaluate hearing activities and participate in agency-approved training in the hearing process (up to two (2) days per year for both). Reimbursement for meetings and training will be provided at the same rate as for providing Hearing Officer Services (see Section XI, Pricing Schedule); 8. Adhere to all applicable laws and regulations governing the protection of confidential information and data, including personally identifiable information (PII) and personal health information (PHI) and; 9. Retain all records in accordance with applicable laws and regulations.
