(A) A licensee or authorized representative may grieve in writing any action taken directly against the grievant or an action or inaction that affects the administration of BE. The grievance must be received by the BE manager or designee within forty-five calendar days of when the date the grievant became or reasonably should have become aware of the action taken. Only OVRC, by a majority vote, may grieve in writing within sixty-five calendar days any action or inaction it determines violates the requirement to actively participate as outlined in paragraph ( G) of rule 3304:1-21-12 of the Administrative Code. Licensees may not grieve any failure of BE to comport with paragraph ( G) of rule 3304:1-21-12 of the Administrative Code. Licensees may not grieve employment decisions concerning BE employees, or purely internal ministerial decisions of BE.
(1) The BE manager shall contact the grievant after notice of the grievance to determine if the grievance can be resolved informally. The grievant shall be provided with an informal meeting within sixty calendar days of the receipt of the grievance. The BE manager or designee shall provide a written summary of the informal meeting to the grievant, the BSVI director or designee, within thirty calendar days of the informal meeting with notice of appeal rights pursuant to Chapters 119.01 to 119.09 of the Revised Code.
(2) If the grievant is dissatisfied with the outcome of the informal meeting then the grievant may request a hearing pursuant to Chapter 119.06 of the Revised Code.
(3) In any case, should a grievance remain unresolved after one hundred twenty calendar days from filing, it will be forwarded to the formal hearing level.
(B) Requests for hearings pursuant to Chapters 119.01 to 119.09 must be in writing and received by the director of BSVI within fifteen calendar days of the date of receipt of the informal decision. The hearing will be held before hearing officers on contract with BSVI. BE shall invite OVRC to send one member to attend interviews when hearing officers are recruited.
(C) A stenographic record of the hearing shall be made by a court reporter. A grievant requesting a transcript from the court reporter shall be responsible for the cost.
(D) Time limits established in this rule may be extended by mutual agreement of the parties.
Five Year Review (FYR) Dates: 09/17/2015 and 01/01/2021
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.29
Prior Effective Dates: 3/21/79, 1/12/90, 11/1/93, 10/4/99, 10/1/06, 1/1/10