§ 18308. Resolution of Contract Administration Disputes.

(a) The procedure specified in this section shall be used to resolve disputes between contractors and the California Department of Education (CDE) that may arise regarding the interpretation and application of any term or condition of a contract, including, but not limited to, requests for waivers, approval of subcontracts or expenditures requiring approval, requests for reimbursement rate adjustments, or reductions in the total amount of contract reimbursement that are not appealable under section 18301 of this Division.

(b) The contractor shall attempt to resolve contract disputes at the lowest staff level within the CDE.

(c) if the dispute is not resolved at the lowest staff level, the contractor may appeal the decision by submitting a written description of the issues and the basis for the dispute to the Regional Administrator of the Child Development Division (CDD) having jurisdiction over the contractor's service delivery area. The Regional Administrator shall make a determination and shall send a written notification of the decision to the contractor, together with the reasons for the decision within thirty calendar days of the receipt of the appeal by the Regional Administrator.

(d) The contractor may appeal the decision of the Regional Administrator to the Assistant Director of the CDD by submitting a written description of the issues in the dispute and a copy of the Regional Administrators decision. The Assistant Director of the CDD shall send notification of the decision to the contractor and shall specify the reason(s) for the decision within thirty calendar days of the receipt of the appeal by the Assistant Director. The decision of the Assistant Director of the CDD shall be the final administrative action afforded the contractor.

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: Section 8445, Education Code.