Section 22-A4414. INFORMAL DISPUTE RESOLUTION

 

4414.1The provisions contained in this section and in § 4415 shall establish an informal procedure for resolution of disputes between the grantee and the Director.

 

4414.2The procedure shall apply to the following adverse determinations made by the Grant Officer:

 

(a)Suspension or termination of a grant in whole or in part or a refusal to reinstate a suspended grant;

 

(b)A disallowance of expenditures; and

 

(c)A denial of a noncompeting continuation of a grant award if the denial is for failure to comply with the terms of the award.

 

4414.3The Grant Officer shall notify the grantee, in writing, of any adverse determination, state the reasons for the determination in sufficient detail to enable the grantee to respond, and give the grantee notice that the grantee may request a review of the adverse determination.

 

4414.4A grantee may request a review of the adverse determination by submitting a written request for review to the Director no later than thirty (30) days after receipt of the notice of determination.

 

4414.5The grantee's request for a review of the adverse determination shall include the following:

 

(a)A copy of the Grant Officer's determination;

 

(b)Identification of the issue in dispute;

 

(c)A full statement of the grantee's position regarding the issue in dispute and the pertinent facts and reasons in support of the grantee's position; and

 

(d)Copies of any documents supporting the grantee's claim.

 

4414.6If the grantee submits a request for review, the Director shall conduct an informal hearing in accordance with the requirements of this section or he or she shall appoint a hearing officer to conduct the hearing.

 

4414.7The Director shall send by certified mail a written notice to the grantee of the time and place scheduled for the informal hearing within fifteen (15) calendar days from the receipt of the grantee's request to the Department for a hearing.

 

4414.8The grantee may be accompanied or represented at the informal hearing by legal counsel or other person chosen by the grantee.

 

4414.9If a hearing officer conducts the hearing, he or she shall render a written recommendation to the Director regarding whether to sustain or overrule the adverse determination of the Grant Officer.

 

source

Final Rulemaking published at 54 DCR 11052 (November 16, 2007).