R 393.55 Administrative review.

Rule 55. (1) The purpose of an administrative review is to provide an informal procedure to enable a licensee to seek a remedy for dissatisfaction with an action of the commission arising from the operation or administration of the vending facility program that does not directly involve suspension and termination of a licensee's license. The commission shall make every effort to resolve licensee complaints at the administrative review level, since the resolution of disputes at the earliest possible time is mutually advantageous to all parties concerned. Resolution efforts are not intended to discourage or interfere with the licensee's rights to pursue the formal full evidentiary hearing process. A licensee may request, in writing, an administrative review within 15 working days from the date of the mailing, or the receipt, of notification of the commission action sought to be reviewed. This review shall be by a member or members of the administrative staff of the commission who have not directly or indirectly participated in the commission action in question. A written request for an administrative review shall contain a description of the complaint and the remedy that is sought. The request for an administrative review shall include all of the following information: (a) The action with which the complainant is dissatisfied and the date of the action. (b) A citation to the promulgated rule that has been violated or a statement of the injury incurred by the complainant. (c) A proposed remedy to the complaint. (2) An administrative review shall be held at a time and place mutually agreed upon by the commission and the complainant. An administrative review shall be held during regular commission working hours at a district or local commission office. An administrative review shall be conducted within 15 working days of receipt by the commission of a written request, notwithstanding extenuating circumstances. (3) Transportation, reader service, or other communication services, if needed, shall be arranged for the licensee by the commission. (4) The requested actions and decisions resulting from the review shall be maintained as part of the official record of the administrative review process. (5) If an informal administrative review does not resolve the dispute to the satisfaction of the licensee, then the licensee may submit a request, to the commission, for a full evidentiary hearing.