Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-14 - CONTRACT DISPUTE RESOLUTION › Section 19B-14.003 - Resolution of Claims

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon receipt of
				a formal written petition, the Executive Director shall attempt to resolve the
				matters that are the subject of the petition by mutual agreement within fifteen
				(15) days, excluding Saturdays, Sundays, and legal holidays.
(2) If the petition is not resolved by mutual
				agreement within fifteen (15) days, excluding Saturdays, Sundays and legal
				holidays, the Executive Director shall deliver, within forty-five (45) days
				from the date such petition was filed, to the person or firm that filed the
				petition a determination that indicates the Board's written response to the
				claims or such person or firm.
(3)
				Unless the person or firm who filed the petition agrees to the determination of
				the Board and a consent order adopting the determination is entered within
				thirty (30) days from the receipt by the person or firm of the Board's
				determination, the Executive Director, if no disputed issues of material fact
				are involved, shall designate a hearing officer who shall conduct an informal
				proceeding pursuant to Section
				 120.57(2),
				F.S., and applicable Board rules. The hearing officer designated by the
				Executive Director shall be either a person who is a member in good standing of
				the Florida Bar or a person knowledgeable by virtue of education or practical
				experience with the subject matter of similar contracts involving state
				agencies.
(4) If there is a
				disputed issue of material fact, the Executive Director shall refer the
				petition to the Division of Administrative Hearings of the Department of
				Management Services for proceedings under Section
				 120.57(1),
				F.S.
(5) Once the Executive
				Director has referred the dispute to a hearing officer pursuant to subsection
				(3) or (4), no further information or amendment of the claims shall be
				permitted.
(6) The statements,
				facts, documents and materials contained in the petition filed pursuant to Rule
				 19B-14.002, F.A.C., or which are
				submitted to and received by the Executive Director prior to the determination
				made pursuant to subsection
				 19B-14.003(2),
				F.A.C., shall constitute the entire factual record submitted by a person or
				firm on which a claim against the Board may be sustained in any hearing under
				this rule. A person or firm making a claim against the Board shall not be
				allowed to submit to a hearing officer any statements, facts, documents or
				materials to support any claim against the Board which were not submitted to
				the Executive Director by the person or firm making the claim prior to the
				Executive Director's determination pursuant to subsection
				 19B-14.003(2),
				F.A.C. The Board may submit statements, facts, documents or materials in
				response to the factual record submitted by a person or firm making a claim
				against the Board or to sustain the decision of the Executive Director which
				was made pursuant to subsection
				 19B-14.003(2),
				F.A.C.
(7) The filing of a petition
				by a person or firm pursuant to the provisions of this rule shall not affect
				the duty or obligation of the person or firm pursuant to the contract under
				which the claim or dispute arose. Any person or firm which files a petition
				pursuant to the provisions of this rule expressly agrees that it shall continue
				to proceed with all scheduled work as determined under any prior existing
				schedule pursuant to such contract unless otherwise agreed in writing between
				the person or firm and the Board.
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971
					 FS.
New 6-20-96.