281—65.9(279) Appeals from terminations.

1. 65.9(1)  Form of appeal. In the notice of appeal, the awardee will give a short and plain statement of the reason for the appeal.
2. 65.9(2)  Appeal procedures. The hearing procedures found at 281—Chapter 6 will apply to appeals of terminated awards. The director will issue a decision within a reasonable time, not to exceed 120 days from the date of hearing.
3. 65.9(3)  Grounds for reversal. Termination of an award under this chapter may be reversed only if the awardee proves the process was conducted outside of statutory authority; violated state or federal law, policy, or rule; did not provide adequate public notice; was altered without adequate public notice; or involved conflict of interest by staff or committee members.

4. 65.9(4)  Mandatory denial of appeal. In lieu of a decision on the merits of an appeal, the director of the department will deny an appeal if the director finds any of the following:

   1. a. The appeal is untimely;
   2. b. The appellant lacks standing to appeal;
   3. c. The appeal is not in the necessary form or is based upon frivolous grounds;
   4. d. The appeal is moot because the issues raised in the notice of appeal or at the hearing have been settled by the parties; or
   5. e. The termination of the award was beyond the control of the department due to lack of available funds.

Any awardee aggrieved by a unilateral termination of an award may appeal the decision to the director of the department in writing within 30 days of the decision to terminate.

[ARC 7429C, IAB 12/27/23, effective 1/31/24]