1. (1) Desk Review is conducted by the Office of the General Counsel to the Comptroller and is available in the following instances:

   1. (a) by the vendor

      1. 1. when a department fails after 60 days to respond to vendor's request pursuant to 815 CMR 4.05(9)
      2. 2. when a department fails to review a vendor's demand for late penalty interest pursuant to 815 CMR 4.06(5)

   2. (b) by a department

      1. 1. when a department disapproves the vendor's demand for late penalty interest because the time frames were tolled due to proper rejection of the invoice pursuant to 815 CMR 4.06(7)
      2. 2. when a department disapproves the demand for late penalty interest because payment was made within the payment date pursuant to 815 CMR 4.05(6), (7) and 815 CMR 4.06(7).
2. (2) The requesting party shall forward the file including: a copy of the original invoice, any communication between the vendor or department, where applicable, the original warrant date, the vendor's demand for late penalty interest and the department's written reason for disapproval, if any.

3. (3) The Office of the General Counsel of the Comptroller shall review the written documents within five days of receipt and either:

   1. (a) order the department to pay the late penalty interest including the time spent in the desk review appeal process, or;
   2. (b) notify the vendor that the appeal was decided in favor of the department
4. (4) Review by the Office of the General Counsel of the Comptroller shall not be subject to administrative appeal and shall constitute final agency decision.

REGULATORY AUTHORITY

815 CMR 4.00: M.G.L. c. 7, § 14B; c. 29, § 20C; c. 29, § 29C.