Section 17828 - Administrative Review of Changes in Contract Status(a) Contract performance shall be reviewed at least annually by Early Education Division 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 funding, 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, the contractor can appeal by preparing a response as follows:(1) The contractor's response shall be received by the Early Education Division within 10 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 Early Education Division. The review panel will consist of representatives of the Early Education Division management and the CDE's Fiscal and Administrative Services Division, Legal Office, Audits and Investigations Division, and Contracts Office and a representative from another California State Preschool Program contractor. All of these panel members shall be unbiased and shall not have been involved in either monitoring the contractor or making the decision to take the action. The panel members may request additional documentation or submit written questions to either the agency or Early Education Division staff, as may be necessary. Parties will be given an opportunity to respond to any additional information.(e) If a hearing has not been requested, the panel will review the written submissions and issue a decision to either uphold the proposed change in contract status, modify the proposed change in contract status or reverse the proposed change in contract status.(f) If an oral presentation has been requested, the contractor will be notified by telephone of the time and place of the presentation, which may be conducted virtually. The oral presentation will be scheduled no later than 14 calendar days from receipt of the contractor's response.(g) 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. The panel members may ask questions of the contractor or the contractor's representative as well as any CDE staff members present at the hearing that were involved in taking the action against the contractor.(h) 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 shall set forth the reasoning for the administrative review panel's findings.(i) The decision of the review panel shall be the final action of the CDE with regard to that contract.Cal. Code Regs. Tit. 5, § 17828
1. New section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26). Note: Authority cited: Section 8231, Education Code. Reference: Sections 8306, 8307 and 8314, Education Code.
1. New section filed 7-1-2022; operative 7/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).