|(a) A remedial action taken under §9.24 of this
subchapter (relating to the Performance Review Committee and Actions)
may be appealed by delivering to the executive director a written
notice of appeal within 15 working days after the effective date of
the action as specified in its notice.
(b) If a notice of appeal is timely delivered under
subsection (a) of this section:
(1) the remedial action is automatically stayed beginning
on the date that the department receives the notice of appeal until
the time that a final order is entered by the executive director under
subsection (d) of this section; and
(2) the contractor will be given the opportunity for
an informal hearing before the executive director.
(c) If the contractor chooses to have an informal hearing,
the executive director will set a time for the hearing at the executive
director's earliest convenience and will set the time allowed for
oral presentations and written documents presented by the contractor.
(d) If an appeal to the executive director is not timely
requested under this section, the executive director will issue a
final order on the remedial action when the deadline for requesting
an appeal has passed. If an appeal is timely requested, the executive
director will issue a final order based on the executive director's
decision of the appeal. The executive director will notify the contractor
in writing of the executive director's appeal decision within five
working days after the date that the decision is made.
(e) A final order issued by the executive director
under subsection (d) of this section is not subject to judicial review,
except as required by law.