Agenda 08/10/2004 - Laserfiche WebLink

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FY 2005 Community Services Performance Contract Remediation Process: The rerhediation process mentioned in § 37.1-198 of the Code of Virginia is an informal procedure that shall be used by the Department and the Board to address a particular situation or condition identified by the Department or the Board that may, if unresolved, result in termination of the contract, in accordance with the provisions of section 9.d of this contract._ The details of this remediation process shall be developed by the parties and added as an Exhibit of this contract. This exhibit shall descdbe the situation or condition and include the performance measures that shall document a satisfactory resolution of the situation or condition. Dispute Resolution Process: Disputes adsing from any of'the conditions in section 9.c shall be resolved using the following process. 1) Within 15 days of the Board's identification or receipt of'a disputable action taken by the Department or of the Department's identification or receipt of a disputable action taken by the Board, the party seeking resolution of the dispute shalt submit a written notice to the Department's Director of Community Contracting, stating its des'ire to use the dispute resolution process. The written notice must describe the condition, nature, and details of th~ dispute and the relief sought by the party. 2) The Director of Community Contracting shall review the written notice and determine if 0 the dispute falls within the conditions listed in section 9.c. If it does not, the Director of Community Contracting shall notify the party in writing within seven days of receipt of the wdtten notice that the dispute is not subject to this dispute resolution process. The party may appeal this determination to the Commissioner in writing within seven days of its receipt of the Director's wdtten notification. 3) If the dispute falls within the conditions listed in section 9.c, the Director of Community Contracting shall notify the party within seven days of receipt of the written notice that a panel will be appointed within 15 days to conduct an administrative hearing. 4) Within 15 days of notification to the party, a panel of three or five disinterested individuals shall be appointed to hear the dispute. The Board shall appoint one ortwo members; the Commissioner shall appoint one or two members; and the appointed members shall appoint the third or fifth member. Each panel member will be informed of the nature of the dispute and be required to sign a statement indicating that he has no interest in the dispute. Any person with an interest in the dispute shall be relieved, of panel responsibilities and another person shall be selected as a panel member. 5) The Director of Community Contracting will contact the parties by telephone and arrange for a panel hearing at a mutually convenient time, date, and place. The par~el hearing shall be scheduled not more than 15 days after the appointment of panel members. Confirmation of the time, date, and place of the hearing will be communicated to all parties at least seven days in advance of the hearing. 6) The panel members shall elect a chairman and the chairman shall convene the panel. The party requesting the panel hearing shall prasent evidence first, followed by the presentation ofthe other party. The burden shall be on the party ~equesting the panel hearing to establish that the disputed decision or action was incorrect and to present the basisin law, regulation, or policy for its assertion. The panel may hear rebuttal evidence after the initial presentations by the Board a~d the DepartmenL The panel may question either party in order to obtain a dear understanding of the facts. 7) Subject to provisions of the Freedom of Information Act, the panel shall convene in dosed'session at the end of the hearing and shall issue written recommended firidings of fact within seven days of the hearing. The recommended findings of fact shall be submitted to the Commissioner for a final decision. t2 ~4-Ro-?~n4