Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIX - CONTRACT CLAIMS AND CONTROVERSIES › Section R7-2-1158 - Appeals to a Hearing Officer

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				  appeal from a decision entered or deemed to be entered by the district
				  representative on a contract claim or controversy shall be filed with the
				  district representative within 30 days from the date of decision.
B. The appeal shall contain the basis for the
				  precise factual or legal error in the decision of the district representative
				  from which an appeal is taken.
C.
				  The district representative shall file a complete response to the appeal within
				  21 days from the date the appeal is filed or within five days after the hearing
				  officer has been selected, whichever is later. At the same time, the district
				  representative shall furnish a copy of the response to the appellant and to any
				  interested party.
D. The district
				  representative may submit a written request to the hearing officer for an
				  extension of the period for submission of response, identifying the reasons for
				  the extension. The hearing officer shall approve or deny the request in
				  writing, state the reasons for the determination, and, if an extension is
				  granted, set forth a new date for the submission of filing a response. The
				  hearing officer shall notify the district representative and the interested
				  party of any extension.
E. The
				  interested party shall file comments on the district representative's response
				  with the hearing officer within 10 days after receipt of the response. The
				  interested party shall provide copies of the comments to the district
				  representative and other interested parties.
F. The interested party may submit a written
				  request to the hearing officer for an extension of the period for submission of
				  comments, identifying the reasons for the extension. The hearing officer shall
				  approve or deny the request in writing, state the reasons for the
				  determination, and, if an extension is granted, set forth a new date for the
				  submission of filing comments. The hearing officer shall notify the district
				  representative and the interested party of any extension.
G. All
				  costs associated with conducting a hearing, including the costs of the hearing
				  officer, shall be paid by the school district. If the hearing officer decides
				  in favor of the school district, the other party shall reimburse the school
				  district for the costs of the hearing within 30 days of receipt of a copy of
				  the hearing officer's invoice.
H. The Executive
				  Director of the State Board of Education ("Executive Director") shall prepare
				  and maintain a list of individuals who meet the qualifications specified in
				  R7-2-1185
				  to serve as hearing officers.
I. A hearing officer
				  may be selected by mutual agreement of both parties. If the parties are unable
				  to mutually agree on a hearing officer, three hearing officers shall be
				  selected randomly by the Executive Director and shall be screened to determine
				  availability and possible bias. Once the Executive Director has selected three
				  hearing officers who are available and show no evidence of bias, the three
				  names shall be provided to both parties. Both parties have the opportunity to
				  strike one name from the list provided, but shall do so within 14 calendar days
				  from the date on which the Executive Director provided the list to the parties.
				  If after the time period for striking a hearing officer has passed and more
				  than one person remains on the list, the Executive Director shall select one of
				  the remaining individuals on the list as the hearing officer unless either
				  party objects for cause and provides such reason in writing to the Executive
				  Director. If after the time period for striking a hearing officer has passed
				  and there is only one person remaining on the list, the remaining individual
				  shall be named as the hearing officer unless either party objects for cause and
				  provides such reason in writing to the Executive Director. Objections for cause
				  shall require specific evidence that the individual does not meet the criteria
				  specified in
				  R7-2-1185.
				  The Executive Director shall review the evidence submitted and determine the
				  qualifications of the individual. If the Executive Director determines that the
				  individual is not qualified to serve as the hearing officer, the Executive
				  Director shall repeat the process and select three additional hearing officers
				  to be provided to the parties.
J.
				  Issuance of a school district purchase order shall constitute the official
				  selection date of the hearing officer.