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52 <br />4. If the action is being appealed, the staff recommendation and the contractor's <br />response shall be reviewed by an administrative review panel convened by <br />the Director of the ELCD within seven (7) calendar days of receipt of the <br />contractor's response. The review panel will consist of representatives of <br />ELCD management, CDFS, CDSS's Legal Division, OAS, Contracts Office, <br />and a representative of a childcare and development service provider familiar <br />with the type(s) of program(s) operated by the contractor. <br />5. Upon review of the written submissions, the panel will do one of the following: <br />a. Issue a final decision upholding or modifying the proposed change in <br />status if no oral presentation has been requested; <br />b. Schedule a time and place for an oral presentation by the contractor; or <br />c. Issue a final decision to not change the contract status. <br />6. If an oral presentation has been requested, the contractor will be notified by <br />telephone of the time and place of the presentation. The oral presentation will <br />be scheduled no later than fourteen (14) calendar days from receipt of the <br />contractor's response. <br />7. At the oral presentation, the contractor or the contractor's representative will <br />have an opportunity to explain any material submitted in its response. While <br />the contractor may present any information or arguments that are relevant to <br />the proposed action, the review panel may set reasonable limits on the scope <br />of the presentation. <br />8. Within seven (7) calendar days after the oral presentation, the review panel <br />shall issue and mail to the contractor a decision upholding, reversing, or <br />modifying the proposed change in contract status. The decision of the review <br />panel shall be the final action of the CDSS with regard to that contract. <br />E. Conditional Contract Status Procedure <br />1. Conditional Status Imposed During the Contract Period (5 CCR 18304) <br />a. If the contractor demonstrates fiscal or programmatic noncompliance <br />during the contract period, based on such information as an annual audit <br />report, an FPM/CMR, or a change in licensing status, the CDSS may <br />place the contract on conditional status for the remainder of the contract <br />period. <br />b. The contractor shall receive notice and may request an administrative <br />review of the proposed action as required paragraph D, Administrative <br />Review of Changes in Contract Status, above, in the event such a change <br />in contract status is recommended by staff of the CDSS.