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FY 2004 Community Services Performance Contract <br /> <br /> Remediation Process: The remediation process mentioned in § 37.1-198 of the Code of <br /> Virginia is an informal procedure that shall be used by the Department and the Board to <br /> address a particular situation or condition identified by the Department or the Board that <br /> may, if unresolved, result in termination of the contract, in accordance with the provisions of <br /> section 9.d of this contract. The details of this remediation process shall be developed by <br /> the parties and added as an Exhibit of this contract. This exhibit shall describe the situation <br /> or condition and include the performance measures that shall document a satisfactory <br /> resolution of the situation or condition. <br /> <br /> Dispute Resolution Process: Disputes arising from any of the conditions in section 9.c <br /> shall be resolved using the following process. <br /> <br />1) Within 15 days of the Board's identification or receipt of a disputable action taken by the <br /> Department or of the Department's identification or receipt of a disputable action taken <br /> by the Board, the party seeking resolution of the dispute shall submit a written notice to <br /> the Department's Director of Community Contracting, stating its desire to use the dispute <br /> resolution process. The written notice must describe the condition, nature, and details of <br /> the dispute and the relief sought by the party. <br /> <br />2) The Director of Community Contracting shall review the written notice and determine if <br /> the dispute falls within the conditions listed in section 9.c. If it does not, the Director of <br /> Community Contracting shall notify the party in writing within seven days of receipt of the <br /> written notice that the dispute is not subject to this dispute resolution process. The party <br /> may appeal this determination to the Commissioner in writing within seven days of its <br /> receipt of the Director's written notification. <br /> <br />3) If the dispute falls within the conditions listed in section 9.c, the Director of Community <br /> Contracting shall notify the party within seven days of receipt of the written notice that a <br /> panel will be appointed within 15 days to conduct an administrative hearing. <br /> <br />4) Within 15 days of notification to the party, a panel of three or five disinterested <br /> individuals shall be appointed to hear the dispute. The Board shall appoint one or two <br /> members; the Commissioner shall appoint one or two members; and the appointed <br /> members shall appoint the third or fifth member. Each panel member will be informed of <br /> the nature of the dispute and be required to sign a statement indicating that he has no <br /> interest in the dispute. Any person with an interest in the dispute shall be relieved of <br /> panel responsibilities and another person shall be selected as a panel member. <br /> <br />5) The Director of Community Contracting will contact the parties by telephone and arrange <br /> for a panel hearing at a mutually convenient time, date, and place. The panel hearing <br /> shall be scheduled not more than 15 days after the appointment of panel members. <br /> Confirmation of the time, date, and place of the hearing will be communicated to all <br /> parties at least seven days in advance of the hearing. <br /> <br /> 6) The panel members shall elect a chairman and the chairman shall convene the panel. <br /> The party requesting the panel hearing shall present evidence first, followed by the <br /> presentation of the other party. The burden shall be on the party requesting the panel <br /> heating to establish that the disputed decision or action was incorrect and to present the <br /> basis in law, regulation, or policy for its assertion. The panel may hear rebuttal evidence <br /> after the initial presentations by the Board and the Department. The panel may question <br /> either party in order to obtain a clear understanding of the facts. <br /> <br /> 7) Subject to provisions of the Freedom of Information Act, the panel shall convene in <br /> closed session at the end of the hearing and shall issue written recommended findings <br /> of fact within seven days of the hearing. The recommended findings of fact shall be <br /> submitted to the Commissioner for a final decision. <br /> <br />11. 05-02-03 <br /> <br /> <br />