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Legal Resources | Title 5 |  T5  18003  

Contract Award Disputes.   

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(a) Applicants may review applications, interview scores and any reader comments after the date the proposed application results are posted at the office of the Child Development Division. An unsuccessful applicant may appeal the procedures used in the scoring of applications and interviews. If the unsuccessful applicant intends to appeal, the following appeal process shall apply:

(1) The unsuccessful applicant shall file a notice of appeal with the Appeals Coordinator identified in the Request for Applications within seven (7) calendar days after the date the proposed application results are posted at the office of the Child Development Division.

(2) The Director of the Child Development Division shall designate a Child Development Division staff person who shall coordinate the appeals process and who shall be referred to as the "Appeals Coordinator." The Request for Applications shall specify the name, address and telephone number of the Appeals Coordinator.

(3) The Appeals Coordinator shall appoint no less than two

(2) State Department of Education staff who will be members of an appeals Panel that shall hear all appeals. The members of the Appeals Panel shall be independent from the application review process.

(4) A notice of appeal shall be deemed to be filed if the Appeals Coordinator receives a written notice of appeal or a telephone communication within the time period required for filing a notice of appeal.

(5) The notice to appeal shall contain the following information: the appellant's name, mailing address and telephone number; the name(s) of the person(s) who will represent the appellant at the appeal hearing; and whether the representative(s) will appear in person at the appeal hearing or will appear though a telephone conference call with the Appeals Panel.

(6) The Appeals Coordinator shall schedule an appeal hearing to be held in Sacramento or with a telephone conference call by the Appeals Panel within seven (7) calendar days of the receipt of the notice of appeal.

(7) The unsuccessful applicant shall not submit additional information to be evaluated and scored during the appeal process.

(8) The Appeals Panel shall adjust scores assigned by the reviewers and/or interviewers when there is evidence of an inconsistent application of scoring criteria by a reader(s) or interviewer(s).

(9) The Appeals Panel shall notify the appellant in writing of the results of the appeal within seven (7) calendar days of the appeal hearing.

(b) If, after the Appeals Panel's decision, there is a change in the rank order of applications, the applicant who received a tentative offer for funding pursuant to Section 18002 of this Division shall receive a notice of the change, and may file an appeal with the Appeals Coordinator within seven (7) calendar days of the date the notice of the change was sent. If a notice to appeal is filed pursuant to this Subsection, the procedures specified above in Subsections (a) (2) through (a) (9), inclusive, shall apply.

(c) A contract award decision is final when an appeal is filed pursuant to subsection (b) and the appellant is notified of the Appeal Panel's decision.

Authority Cited:

Education Code 8261

Reference:

Education Code 8261

(Added by Register 88, No. 50.)