Chapter 2Appeal Authority

Section § 38055

Explanation

This law sets up a way for private, nonprofit human service organizations to formally appeal any disagreements they have over direct service contracts with the Health and Welfare Agency or its departments, except in some specific cases mentioned elsewhere. However, this appeal process doesn't apply to contracts related to certain welfare or healthcare services defined in other parts of the law.

A formal administrative appeal process shall be established and made available to all private, nonprofit human service organizations seeking resolution of any dispute arising out of a direct service contract with the Health and Welfare Agency or a component department of the agency, except as provided in Section 38030 of the Health and Safety Code.
This division shall not apply to contracts entered into pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.
administrative appeal process private nonprofit organizations human service organizations dispute resolution direct service contract Health and Welfare Agency formal appeal contract disputes service contracts exceptions Welfare and Institutions Code health services welfare services
(Added by Stats. 1982, Ch. 1373, Sec. 1.)

Section § 38056

Explanation

This law section states that if there's any conflict with other laws, the rules of this specific division will take priority and be followed.

Notwithstanding any other statutes to the contrary, this division shall prevail.
conflict resolution prevailing law division authority law hierarchy contradictory statutes legal precedence statutory conflict override other laws supremacy clause legal dominance hierarchical legal structure
(Added by Stats. 1982, Ch. 1373, Sec. 1.)

Section § 38057

Explanation

The Office of Administrative Hearings handles appeals for disputes involving state agencies. They conduct hearings, issue proposed decisions, and can delay or change actions by those agencies. The appeals process is adaptable, offering various review levels to fit the parties involved.

An appeal can only be considered after trying to resolve the issue through a grievance procedure. If no such procedure exists, the Office takes charge immediately.

The appeal authority shall be the Office of Administrative Hearings in the Department of General Services. The office is hereby charged with the responsibility to administer and conduct hearings, and to render proposed decisions about the matter in dispute.
The appeal authority may delay or set aside a state agency or departmental action related to the appeal.
The appeal authority shall provide flexibility in the appeal process, providing a range of review from the most formal to a level acceptable to both parties.
An appeal pursuant to this division shall not be considered by the appeal authority until the direct service contractor has attempted to resolve the dispute through the grievance procedure established in accordance with Section 38036 of the Health and Safety Code. If the department or agency has failed to establish such a procedure, the appeal authority shall assume immediate jurisdiction over the dispute.
Office of Administrative Hearings Administrative appeal Department of General Services state agency disputes grievance procedure direct service contractor dispute resolution flexible appeal process hearing administration proposed decisions immediate jurisdiction appeal authority responsibility delay or set aside agency action
(Added by Stats. 1982, Ch. 1373, Sec. 1.)