PURPOSE: This rule establishes the division’s mediation procedures to resolve disagreements regarding the award of subgrants or contracts between an area agency and a service provider, describes the circumstances under which mediation may be requested and the procedures to be followed.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) The division shall provide the opportunity for mediation to any service provider who meets the following conditions:

   1. (A) Application to provide services under an area plan is denied by the area agency;
   2. (B) Subgrant or contract is terminated or not renewed by the area agency for reasons other than a determination by the area agency that the service provider has materially failed to comply with the terms of the subgrant as provided in 45 CFR Part 74, Subpart M; and
   3. (C) Has completed an appeal of the area agency decision through the area agency grievance procedure and has received the written determination on that appeal.
2. (2) Within fourteen (14) calendar days following its receipt of the notice of determination from the area agency, the service provider shall file a written request for division mediation with the deputy director of alternative services. The request for division mediation shall clearly identify the issues to be resolved and the reasons for disagreement with the area agency’s final determination.
3. (3) The deputy director of alternative services or designee immediately shall request, in writing, area agency copies of all records pertaining to the issues and the grievance procedure conducted by the area agency including its reasons for the final determination made.
4. (4) The deputy director of alternative services or designee may request written copies of any other documents or records from either party as deemed necessary.
5. (5) Any information requested from either party by the deputy director or designee shall be submitted to the division within seven (7) calendar days following receipt of the written request.
6. (6) The deputy director of alternative services or designee shall conduct an informal factfinding meeting(s), involving both parties, to be completed within thirty (30) days of receipt of the request for mediation. At the discretion of the deputy director or designee, one (1) joint meeting with both parties, a series of joint meetings or separate meetings with each party may be conducted.
7. (7) All parties shall be notified in writing of the dates, times, and locations of the factfinding meetings at least seven (7) calendar days prior to the scheduled date.

8. (8) Attendance at the fact-finding meeting(s) may include:

   1. (A) Deputy director of alternative services or designee and appropriate division staff;
   2. (B) Area agency director, appropriate governing body members, appropriate staff and other desired representatives; and
   3. (C) Service provider and desired representatives.
9. (9) If the identified issues are resolved in the fact-finding meeting, the deputy director or designee shall summarize the resolution in writing, obtain signed letters of agreement from both parties and send copies of all documents to the director and all parties involved.

10. (10) If the issues are not resolved in the factfinding meeting(s), the deputy director or designee shall prepare a written decision within fifteen (15) calendar days of the final fact-finding meeting that includes the following:

    1. (A) Summarized statement of the issues;
    2. (B) Recommended actions for resolution of the issues that are in accordance with federal regulations, state rules and policies, the area agency’s approved area plan, written procedures and specifications for award of the subgrants or contracts;
    3. (C) Specified timelines for implementation of recommendations; and 19 CSR 15-6
    4. (D) Advisement of the right to appeal, within thirty (30) days of receipt of notification, to the director for a formal hearing.
11. (11) Copies of the written decision shall be sent to the director and all parties involved in the mediation procedure.
12. (12) At any point in the mediation process when it becomes apparent that informal negotiation will not resolve the issues, the deputy director or designee may notify both parties that the mediation procedure is terminated and advise in writing of the right to request a formal hearing by the division within thirty
13. (30) calendar days following receipt of the notification.

AUTHORITY: sections 251.070 and 536.023, RSMo 1986;* Executive Order of the Governor filed Jan. 31, 1979, effective Oct. 1, 1979 and in compliance with 45 CFR 1321.15(b)(2). This rule previously filed as 13 CSR 15-6.020. Original rule filed Feb. 10, 1982, effective May 11, 1982. Moved to 19 CSR 15-6.020, effective Aug. 28, 2001. *Original authority: 251.070, RSMo 1967 and 536.023, RSMo 1975, amended 1976.