Lead Agency Dispute Resolution

DEPARTMENT OF ELDER AFFAIRS
Community Care for the Elderly

RULE NO: RULE TITLE
58C-1.0031: Lead Agency Dispute Resolution

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 41, October 16, 2009 issue of the Florida Administrative Weekly.

This is the second notice of change. The first notice of change was published in Vol. 36, No. 2, January 15, 2010 issue of the Florida Administrative Weekly.

58C-1.0031 Lead Agency Dispute Resolution.

(1) through (5) No change.

(6) DISPUTE RESOLUTION.

(a) through (b) No change.

(c) The decisionmaker must render a written decision within 30 calendar days after the hearing if no transcript of the proceedings is requested, or within 30 days after receipt of the hearing transcript by the decisionmaker. If the 30th day falls on a weekend or state holiday, the deadline shall be the next business day. The provisions of this paragraph may be waived only upon stipulation by all parties.

1. No change.

2. If rejecting the AAA’s intended award, the decisionmaker must simultaneously issue a recommendation to the AAA supported by findings of fact and conclusions of law. If the decisionmaker rejects the AAA’s intended award, the AAA must award the designation of lead agency to the next highest scoring party.

3. If a timely request for a review of the decisionmaker’s recommendation is not made pursuant to subsection (7) of this rule, the AAA may either accept or reject the decisionmaker’s recommendation. If the AAA rejects the decisionmaker’s recommendation, the AAA must notify all parties in writing within 10 calendar days after the recommendation is received, outlining the reason or reasons for rejecting the recommendation; and the AAA must either start the procurement process again or make an award consistent with its reason or reasons for rejecting the decisionmaker’s recommendation. If the decisionmaker finds that the procurement was flawed only by scoring errors, the AAA must correct such errors.

4. If a timely request for a review of the decisionmaker’s recommendation is made pursuant to subsection (7) of this rule, the AAA shall proceed under subsection (7) instead of subparagraph (c)3. of this subsection. If the decisionmaker finds that the entire procurement was fundamentally flawed and that no intent to award is appropriate, the AAA must reject all bids and begin the procurement process again.

(d) through (f) No change.

(7) REVIEW OF DECISION.

(a) through (d) No change.

(e) The written decision of the reviewer must be made within 30 calendar days after the request for review, unless the 30th day falls on a weekend or state holiday, in which case the deadline shall be the next business day. The decision shall be binding upon all parties.

1. The written decision must include findings of fact and conclusions of law. Based on these findings and conclusions, the reviewer may affirm or reject the decisionmaker’s recommendation.

2. If affirming the decisionmaker’s recommendation, the reviewer must make such a statement in its recommendation to the AAA.

3. If rejecting the decisionmaker’s recommendation, the reviewer must issue a recommendation to the AAA, supported by findings of fact and conclusions of law.

(f) The AAA may either accept or reject the reviewer’s recommendation. If the AAA rejects the reviewer’s recommendation, the AAA must notify all parties in writing within 10 calendar days after the recommendation is received, outlining the reason or reasons for not accepting the recommendation; and the AAA must either start the procurement process again or make an award consistent with its reason or reasons for rejecting the reviewer’s recommendation.

Rulemaking Authority 430.203(9)(a) FS. Law Implemented 430.203(9)(a) FS. History–New______.