It is the intent of the Legislature to authorize an appeal process for the resolution of disputes between the department and local agencies which contract with the department pursuant
to Section 8233 to provide
preschool services or to furnish property, facilities, personnel, supplies, equipment and administrative services.
Article 13Administrative Review
Section § 8306
This law is about setting up a way for local agencies and the department to settle disagreements. These disputes might happen when the two are working together under contracts related to preschool services. Basically, it's about having an appeal process to resolve these issues smoothly.
preschool services appeal process dispute resolution local agencies department contracts property furnishing equipment supply personnel issues administrative services facility usage contract disagreements collaboration preschool program Section 8233 resolution process
Section § 8307
This law section says that there needs to be a way for preschool service providers to officially challenge decisions made by the department about contract terms or results of reviews, like financial audits. If a preschool service provider disagrees with the department's decisions, they can appeal through a set process.
(a)CA Education Code § 8307(a) The department shall provide an internal appeal procedure to resolve a dispute between the department and a contracting agency providing preschool services pursuant to Section 8233 regarding the interpretation or
application of a term or condition of a contract, or to dispute a finding made by the department resulting from a fiscal or programmatic review, including, but not limited to, an error rate notification.
(b)CA Education Code § 8307(b) A contracting agency shall have the right to appeal the findings of a fiscal or programmatic review, including, but not limited to, an error rate finding, by submitting a request for appeal in accordance with the internal appeal procedure developed by the department pursuant to subdivision (a).
preschool services internal appeal procedure contract disputes fiscal review findings programmatic review findings error rate notification dispute resolution appeal rights contracting agency interpretation dispute application dispute department review provider appeal request for appeal contract conditions
Section § 8309
This section mandates an independent appeal process for agencies offering preschool services if certain issues arise. These issues include a contract termination, a significant reduction in payment, or a demand for repayment of overpaid funds. The appeal process is managed by the Office of Administrative Hearings. Agencies must have submitted all necessary reports before appealing payment reductions or repayment demands.
(a)CA Education Code § 8309(a) The department shall provide an independent appeal procedure to each contracting agency providing preschool services pursuant to Section 8233 that shall be conducted by the Office of Administrative Hearings and shall be
provided upon an appeal petition of the contracting agency in any of the following circumstances:
(1)CA Education Code § 8309(a)(1) Termination of a contracting agency’s contract.
(2)CA Education Code § 8309(a)(2) Denial of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s contracted payment for services schedule.
(3)CA Education Code § 8309(a)(3) Demand for remittance of an overpayment of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s annual contract.
(b)CA Education Code § 8309(b) Before filing an appeal petition for an action taken pursuant to paragraph (2) or (3) of subdivision (a), the contracting agency shall have submitted all previously required standard monthly or quarterly reporting forms to the
department.
independent appeal procedure Office of Administrative Hearings contract termination preschool services contracting agency payment denial overpayment demand appeal petition reporting forms fund reduction appeal admin hearings process
Section § 8310
This section states that any hearings mentioned in Section 8309 need to follow the rules set out by the Administrative Procedure Act, unless there are specific exceptions in this article that say otherwise.
All hearings required by Section 8309 shall be conducted according to the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except as otherwise directed in this article.
hearings Section 8309 Administrative Procedure Act exceptions Government Code legal procedures hearing rules Title 2 Division 3 Chapter 5
Section § 8311
This law requires the Office of Administrative Hearings to establish rules for conducting hearings by a specific deadline in 1982. The rules should cover filing deadlines, notification procedures for involved parties, how to handle electronic recording, and where hearings can take place. In Los Angeles, hearings are limited to smaller contracted agencies. Finally, the Office can add any other relevant rules as needed.
The Office of Administrative Hearings shall, by June 30, 1982, adopt regulations governing the hearings, which shall include all of the following:
(a)CA Education Code § 8311(a) Deadlines for filing petitions, commencing hearings and rendering decisions.
(b)CA Education Code § 8311(b) Notice to affected parties.
(c)CA Education Code § 8311(c) The manner for maintaining appropriate provision for electronic recording and transcription, if necessary.
(d)CA Education Code § 8311(d) Hearings shall be conducted at the offices of the Office of Administrative Hearings in Sacramento or Los Angeles. However, hearings in Los Angeles shall be available only to local contracting agencies with the department whose annual contracts total less than two hundred thousand dollars ($200,000).
(e)CA Education Code § 8311(e) Any other issues deemed appropriate by the Office of Administrative Hearings.
Office of Administrative Hearings hearing regulations filing deadlines notification procedures electronic recording transcription Sacramento hearings Los Angeles hearings local contracting agencies contract value limit 1982 regulations administrative procedures hearing locations rule adoption
Section § 8312
In a legal process involving a local contracting agency, the decision made by the hearing examiner is considered the final say within the administrative process. This means no further administrative appeals can be made after this decision.
The determination of the hearing examiner shall be the final administrative determination to be afforded the local contracting agency.
hearing examiner final determination administrative decision local contracting agency appeals process administrative hearing contracting authority final decision no further appeals administrative determination local agency hearing decision enforcement
Section § 8313
This law requires the department to send a written notice to any local contracting agency before taking any actions against them. The notice must clearly explain why the action is being taken and outline the agency's rights and responsibilities if they decide to appeal the decision.
All actions by the department, as defined in subdivisions (a) to (c), inclusive, of Section 8309 shall be preceded by a written notice of action to the local contracting agency which shall include the
following:
(a)CA Education Code § 8313(a) A statement of the specific reasons for the action in the Statement of Issues.
(b)CA Education Code § 8313(b) A description of the local contracting agency’s rights and responsibilities concerning the appeal procedure described herein.
written notice local contracting agency action reasons Statement of Issues appeal procedure agency rights responsibilities preceded by notice department actions Section 8309
Section § 8314
In this section, the Superintendent is required to create a system to classify contracts, which helps in identifying and assisting contractors. There are three types of contract designations: Clear contracts, which have no issues; Provisional contracts, which are new or modified and are monitored to ensure compliance; and Conditional contracts, which have compliance problems and require corrections. Agencies with conditional contracts get a detailed report of what needs fixing and receive help from the department to resolve these issues. Any contractor can request additional assistance within 60 days of their request.
(a)CA Education Code § 8314(a) The Superintendent shall establish a contract classification system for purposes of identifying, monitoring, and providing technical assistance to contractors as follows:
(1)CA Education Code § 8314(a)(1) Clear contract.This designation shall be given to a contract that is neither a provisional contract, as described in paragraph (2), nor a conditional contract, as described in paragraph (3).
(2)CA Education Code § 8314(a)(2) Provisional contract.This designation applies to an agency’s first contract for any
particular service or to the contract of an existing contracting agency for a new, modified, or different type of service. The timeframe of a provisional contract is at the discretion of the department and is given to ensure that the contracting agency can demonstrate fiscal and programmatic compliance before the contract is designated as a clear contract. The contract status shall be reviewed annually.
(3)CA Education Code § 8314(a)(3) Conditional contract.This designation applies to a high-risk contract awarded to a contracting agency that evidences fiscal or programmatic noncompliance, or both fiscal and programmatic noncompliance. A contracting agency with one or more contracts designated as conditional is deemed to be on conditional status with the department for all
preschool program purposes and is subject to any restrictions deemed reasonable to secure compliance. The conditional contract shall include a bill of particulars detailing the items of noncompliance, the standards that must be met to avoid termination of contract and to qualify the agency for clear contract status, and technical assistance plan. Failure to demonstrate substantive progress toward fiscal or program compliance within six months of that designation shall constitute a breach of contract and may subject the contract to termination for any applicable cause specified in Section 8315 or 8317, in accordance with Section
8309.
(b)CA Education Code § 8314(b) Agencies with conditional contracts shall receive technical assistance from the department.
(c)CA Education Code § 8314(c) Notwithstanding subdivision (b), technical assistance shall be provided to any contracting agency making a written request to its assigned consultant or administrator within 60 days of receipt of the request.
contract classification Superintendent clear contract provisional contract conditional contract fiscal compliance programmatic compliance noncompliance technical assistance preschool program contract termination monitoring bill of particulars compliance standards risk assessment
Section § 8315
This law outlines specific reasons a contract with a state agency can be immediately ended, such as fraud, misuse of funds, embezzlement, and threats of harm to officials. It also covers not paying salaries or taxes, stop operations without permission, and failing to report child abuse. Contracts terminated this way can be appealed. Notices must be sent via personal delivery or mail. Lastly, the department has to inform childcare contractors about these rules within 30 working days of the law change.
(a)CA Education Code § 8315(a) A contracting agency that evidences any of the following acts or omissions may have its contract or contracts immediately terminated if there is documented evidence of the acts or omissions, and upon review and recommendation of the general counsel of the department:
(1)CA Education Code § 8315(a)(1) Fraud, or conspiracy to defraud.
(2)CA Education Code § 8315(a)(2) Misuse or misappropriation of state or federal funds, including a violation of Section
8316.
(3)CA Education Code § 8315(a)(3) Embezzlement.
(4)CA Education Code § 8315(a)(4) Threats of bodily or other harm to a state official.
(5)CA Education Code § 8315(a)(5) Bribery or attempted bribery of a state official.
(6)CA Education Code § 8315(a)(6) Unsafe or unhealthy physical environment or facility.
(7)CA Education Code § 8315(a)(7) Substantiated abuse or molestation of children.
(8)CA Education Code § 8315(a)(8) Failure to report suspected child abuse or molestation.
(9)CA Education Code § 8315(a)(9) Theft of supplies, equipment, or food.
(10)CA Education Code § 8315(a)(10) Cessation of operations without the permission of the department, or acts or omissions evidencing
abandonment of the contract or contracts.
(11)CA Education Code § 8315(a)(11) Failure of a program operating pursuant to this chapter to pay salaries owed to employees, pay federal payroll tax, or
fully reimburse a significant number of childcare providers, as determined by the department, for more than 15 days after the employee salaries, federal payroll taxes, or reimbursement payments were due, unless the failure is attributable to a delay in receiving apportionments from the state.
(b)CA Education Code § 8315(b) An agency whose contract is immediately terminated pursuant to this section retains appeal rights in accordance with Section
8309.
(c)CA Education Code § 8315(c) Notwithstanding any service provision in the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), a notice of immediate termination shall be served on the contracting agency by personal service or at the last address on file with the department, by overnight mail or certified mail. Service may be proved in the manner authorized in a civil action. Service by mail is complete at the time of deposit.
(d)CA Education Code § 8315(d) The department shall advise childcare and development contractors of the provisions of this section within 30 working days of the effective date of the
act amending this section during the 2013–14 Regular Session of the Legislature.
contract termination fraud misuse of funds embezzlement threats of harm bribery unsafe environment child abuse theft cessation of operations unpaid salaries appeal rights immediate termination childcare contractors
Section § 8316
This law states that if an agency positions someone in charge of finances who has a criminal conviction for misusing funds or for serious crimes with moral implications, their agreement can be immediately ended. This holds if there's proof and the department's legal advisor reviews it. Financial control includes any authority over or access to state or federal preschool funds, regardless of the person's role, whether employee, volunteer, or board member. However, if before termination takes effect, the agency can demonstrate that they have removed the individual from the financial position and assure they won't return, the contract termination can be retracted.
(a)CA Education Code § 8316(a) An agency that has in place or places a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude, may have its contract immediately terminated pursuant to Section 8315 if there is documented evidence of the conviction, and upon review and recommendation of the general counsel of the
department.
(b)CA Education Code § 8316(b) For purposes of this section, “position of fiscal responsibility or control” includes any authority to direct or control expenditure of, or any access to, state or federal preschool funds received pursuant to this chapter whether that authority or access is conferred based on the person’s status as an employee, director, manager, board member, or volunteer, or based on any other status.
(c)CA Education Code § 8316(c) If the agency provides evidence to the department, before the effective date given in the notice of immediate termination, that the convicted person has been removed from the position of fiscal responsibility or control and provides assurance that the person will
not be returned to a position of fiscal responsibility or control, the department shall withdraw the termination action.
fiscal responsibility misuse of funds misappropriation moral turpitude contract termination documented evidence preschool funds general counsel review immediate termination authority to direct expenditure employee board member financial control criminal conviction agency agreement department withdrawal
Section § 8317
This law states that a contract for a California state preschool program cannot be ended without a good reason and a proper notice, which should be given at least 90 days before the contract is terminated. There are exceptions to this rule, which are mentioned in Sections 8315 and 8316.
Except for causes listed in Sections 8315 and 8316, termination of a California state preschool program contract shall not occur without good cause and without notice as described in Section
8313
at least 90 days before the effective date given in the notice of termination.
California state preschool program termination notice good cause contract termination pre-K program contracts 90-day notice Section 8313 compliance program contract regulations early childhood education contracts preschool contract rules termination exceptions Section 8315 Section 8316 preschool program guidelines
Section § 8318
This law says that when there's an appeal related to a contract action, the decision from Section 8309 stays in place while the appeal is ongoing. Local agencies can keep working under the contract unless the contract was ended immediately according to Sections 8315 or 8316. In that case, they have to stop on the effective termination date specified in the notice.
Actions as defined in subdivision (a) of Section 8309 shall remain in effect during the appeal process. However, local contracting agencies may continue to operate under the contract during an appeal of termination, unless the action is an immediate termination action taken pursuant to Section
8315 or 8316, in which case a contracting agency shall not continue to operate under the contract after the effective date given in the notice of immediate termination.
contract termination appeal process Section 8309 immediate termination effective termination date contracting agency local contracting agencies Section 8315 Section 8316 notice of termination contract operation during appeal
Section § 8319
If the department makes a contract under Section 8233, that contract must include a detailed outline of how to appeal decisions related to it.
All contracts entered into by the department pursuant to Section 8233 shall contain a complete description of the appeal procedures provided in this article.
contract requirements appeal procedures Section 8233 contracts department contracts contractual obligations appeal process description inclusion of appeal steps contract details appeal rights in contracts contractual appeal provisions
