SECTIONS 38055-38057 - California Statutes

HEALTH AND SAFETY CODE

SECTION 38055-38057

38055. 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.

38056. Notwithstanding any other statutes to the contrary, this
division shall prevail.

38057. 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.