Chapter 1Legislative Intent and Policy

Section § 38050

Explanation

This section highlights challenges in agreements between the Health and Welfare Agency and nonprofit human service groups when disputes occur. It suggests solving disagreements informally within 60 days. If they can't agree, an intermediate appeal should be available as a next step. Currently, in California, there's no process between informal resolutions and court reviews to handle these disputes properly.

The Legislature hereby finds that in a contractual relationship between the Health and Welfare Agency, its component departments, and private, nonprofit human service organizations:
(a)CA Health and Safety Code § 38050(a)  Problems arise under cooperative agreements that end in disputes.
(b)CA Health and Safety Code § 38050(b)  The intent between the disputing parties is to resolve their controversy through an informal dispute process. The parties should set a goal of no more than 60 days from receipt of a complaint to resolution.
(c)CA Health and Safety Code § 38050(c)  If the parties reach an impasse, then there should be a logical intermediate appeal authority as the next level in the appeal process.
(d)CA Health and Safety Code § 38050(d)  In California, there exists no process between informal dispute resolution and judicial review that is available to and can properly address controversies between the Health and Welfare Agency and human service organizations.
cooperative agreements dispute resolution informal dispute process appeal authority nonprofit human service organizations controversies Health and Welfare Agency contractual relationship dispute resolution timeline intermediate appeal contract disputes California resolution process
(Added by Stats. 1982, Ch. 1373, Sec. 1.)