Section 6: Grievance Procedure
6.0 Grievance Board
When licensees are dissatisfied with action taken by the Division, which affects the licensee in the operation of the relevant vending facility, they may file a grievance. 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.
6.1 Grievance procedures for decisions NOT involving the Selection Process
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 {Rule 6A-18.0423 FAC, Grievance Procedure}. The procedure is as follows:
- 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.
- 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.
- The Division shall advise the grievant in writing of its disposition of the grievance within thirty (30) business days of the Division's receipt of the written grievance.
- If the grievance is not resolved in writing to the satisfaction of the licensee within thirty (30) business days of the Division's receipt of the written 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 twenty-one (21) calendar days of receipt of the Division's disposition.
6.2 Grievance procedures for decisions involving the Selection Process
The grievance shall be filed in writing with the Division within seven (7) business days of the Division appointment announcement {Rule 6A-18.0425 FAC, Application and Selection}. The procedure shall be as stated above except that:
- The grievance shall be filed in writing with the Division within seven (7) business days of the Division appointment announcement.
- The written grievance shall not include any material required under Rule 6A-18.0425 (1), FAC (e.g. turning in application by due date).
- The board's recommendation shall be issued to the Division within twelve (12) business days of the Division's appointment announcement.