[Vendorsmi] Fw: Update Howelll Vending Location

[Terry Eagle]

Actually, were there to have been any action taken against Marlene's
license, according to the BEP rules, Marlene would have a direct route to a
full evidentiary hearing, by the SLA BEP "commencing proceedings" with a
notice of hearing.

However, to the best of my knowledge, information, and belief, there has
been no action taken against Marlene, that would allow for a direct hearing.

>From what I have seen, Marlene appears to be challenging the MCB Board's
legal authority and power to render a final agency decision, from an ALJ
recommended dicision.  But such a challenge does not qualify for a direct
hearing, without first holding an administrative review, after presenting
her grievance first to her promotional agent.

Since Marlene was advise by BEP management on Monday, I can only speculate
that perhaps they are attempting to subvert the administrative review.  For
once it appears that they have come around to my long-held position that an
administrative review is permissive or optional by a licensee with a
grievance.  I have had several discussions with BEP management, as well as
Rob Essenberg at an Ad Hoc meeting, where they all insist and agree that an
administrative review is mandatory in the grievance process.

It appears to me they are attempting to execute the reverse option play they
used in the Richard Thelen case, whereby they took action to suspend
Thelen's license, and instead of commencing proceedings with a hearing, they
forced Richard to file for and have an administrative review.

Go figure!

Terry Eagle    

-----Original Message-----
From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On
Behalf Of Joe Sontag
Sent: Thursday, June 21, 2012 6:48 PM
To: VENDORSMI List
Subject: [Vendorsmi] Fw: Update Howelll Vending Location

Presented as I received it.  Can't help but wonder at the bypassing of the
first steps in the grievance process.  Whatever anybody thinks, Ms.
Rothenhauser certainly has the right to due process.  None of this would be
happening if only there had been sound management of our program in the past
five years or so.
 
Joe Sontag
 
----- Original Message ----- 
From: Terry Eagle <mailto:terrydeagle at yahoo.com>  
To: 'Joe Sontag' <mailto:suncat0 at gmail.com>  
Sent: Thursday, June 21, 2012 13:07
Subject: FW: Update Howelll Vending Location



 

 

________________________________

From: Bill Lozier [mailto:flingem at hotmail.com] 
Sent: Thursday, June 21, 2012 9:07 AM
To: cannonp at michigan.gov; zangerc at michigan.gov; hullj at michigan.gov;
casey354 at comcast.net; catervend at charter.net; cherieagle at sbcglobal.net;
dlayer8954 at yahoo.com; drea7139 at yahoo.com; duthiep at michigan.gov;
elliottc23 at michigan.gov; elliottc2 at michigan.gov; edmondsl2 at michigan.gov;
f.wurtzel at att.net; garsvend at aol.com; haynesc at michigan.gov;
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Subject: Update Howelll Vending Location

 

Good Morning Everyone.
 
       This is the request that was filed by the legally licensed blind
operator for the Howell Vending route.  Who has been operating this faculty
for the last year and a half and paid set aside fees, federal, state and
local taxes on $50,000 worth of income from this facility in 2012..
 
 
Have a great day, 

 

 


Bill
 
           
> Subject: Requesting A Hearing
> To: haynesc at michigan.gov
> Cc: duelle at michigan.gov
> Date: Monday, June 18, 2012, 11:41 AM
> Dear Ms. Haynes;
> 
> I would like to request an evidentiary hearing concerning
> the michigan commission for the blind's decision on june
> 15th 2012 to combine the Okemos rest area with the Howell
> rest area.  I am contesting the Commission broad's 
> decision on the fact they did not have enough information or
> evidence to make a legal binding decision.  I am also
> contesting the  authority the Commission board has to make
> this type of decision.
> 
>     My resolution to this matter would be that if the two
> locations are to be combine they should be combined when
> either of the operators leave their existing location, 
> Also that both location stay the same until that time.   
> I am also requesting that all actions on this matter  be
> stopped until this hearing is fully completed
> 
> Sincerely;
> 
> Marlene Rothenhauser
> 
> Operator of the Howell/Novi Vending Facility