§ 18303. Administrative Review of Changes in Contract Status.

(a) Contract performance shall be reviewed at least annually by Child Development Division (CDD) staff who shall determine by April 1 of each year whether to offer continued funding on a clear contract, continued funding on a conditional basis or to make no offer of continued funding.

(b) If the staff recommends conditional status or no offer of continued fund-ing, the contractor shall be notified in writing of the reasons for the proposed change in contract status by April 7. The notice of proposed action shall be sufficiently specific to allow the contractor to respond to the factual basis for the proposed action.

(c) if the contractor disagrees with the proposed action:

(1) The contractor's response shall be received by the CDD within ten calendar days of receipt of the notice of proposed action;

(2) The contractor's response shall include any written materials in support of its position; and

(3) If the contractor intends to make an oral presentation, the response shall so specify.

(d) If the action is being appealed, the staff recommendation and the contractor's response shall be reviewed by an administrative review panel convened by the Director of the CDD within seven calendar days of receipt of the contractor's response. The review panel will consist of representatives of CDD management and the California Department of Education's (CDE) Local Assistance Bureau, Legal Office, Office of External Audits and Contracts Office and a representative of a child care and development service provider familiar with the type(s) of program(s) operated by the contractor. Upon review of the written submissions, the panel will do one of the following:

(1) Issue a final decision holding or modifying the proposed change in status if no oral presentation has been requested; or

(2) Schedule a time and place for an oral presentation by the contractor.

(3) Issue a final decision to not change the contract status.

(e) If an oral presentation has been requested, the contractor will be notified by telephone of the time and place of the presentation. The oral presentation will be scheduled no later than fourteen calendar days from receipt of the contractor's response.

(f) At the oral presentation, the contractor or the contractor's representative will have an opportunity to explain any material submitted in its response. While the contractor may present any information or arguments that are relevant to the proposed action, the review panel may set reasonable limits on the scope of the presentation.

(g) Within seven calendar days after the oral presentation, the review panel shall issue and mail to the contractor a decision upholding, reversing or modifying the proposed change in contract status. The decision of the review panel shall be the final action of the CDE with regard to that contract.

HISTORY

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).

2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).

Note

Note: Authority cited: Section 8261, Education Code. Reference: Sections 8406 and 8406.6, Education Code.