| (a) A contractor has the right to appeal any adverse
action imposed by DARS.
(b) To appeal an adverse action, the contractor, referred
to in this subchapter as the appellant, must ensure that DARS receives
a written request for an appeal within 30 days of the contractor's
receipt of the notice of adverse action.
(c) The appellant must ensure that the request for
an appeal:
(1) clearly states that the purpose of the letter is
to appeal DARS' adverse action;
(2) is received by DARS at the address provided in
the notice of adverse action letter;
(3) is received by DARS according to time frames provided
in this section; and
(4) includes all required information and documentation
as outlined in this section.
(d) To be considered, the appeal must include the following:
(1) A statement of facts describing how a decision,
action, or inaction by DARS deviated from contract terms, published
policy, or state or federal laws or regulations;
(2) The appellant's claim, including pertinent contract
sections;
(3) A statement of the issue(s) in dispute;
(4) A brief statement about why DARS' decision is wrong;
(5) Copies of evidence or documentation supporting
the appeal; and
(6) The action requested.
(e) In the request for an appeal letter, the appellant
may also request a meeting with DARS. This request should include
a description of any special accommodations needed for the appellant,
witnesses, or representatives. At the meeting, the appellant:
(1) may be represented by a person of his or her selection;
and
(2) will be provided with an opportunity to present
evidence and information to support his or her position.
(f) If the appeal does not meet the requirements of
this chapter, DARS will notify the appellant that their request for
an appeal is denied because it did not meet requirements.
(g) DARS provides a written decision to the appellant
within 30 days after conclusion of the meeting, or if no meeting is
held, within 45 days after the date DARS receives the appeal, unless
the appropriate DARS representative extends the time.
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