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149 C. Appeals of VDOE and VDSS Actions

Disputes between the provider and the Department regarding the payment for services rendered and decisions to terminate the Vendor Agreement or to disqualify the vendor from future participation in the Program, may be appealed by the Provider. The provider must notify the Department in writing by sending an email to providerservices@doe.virginia.gov that it is appealing the action within 30 days of the date the Department’s action occurred. Upon receiving such notification, the Department will hold an informal conference during which the provider may submit additional information or present any additional facts for the Department to reconsider its action. The Department must render a decision after the conclusion of the informal conference and may or may not uphold the original action. The provider may further appeal this decision and request a formal hearing to be presided over by a hearing officer pursuant to the Virginia Administrative Process Act (the “VAPA”; Va. Code § 2.2-4000 et seq.), who will recommend a decision to the Superintendent of VDOE. The provider may seek court review of the Superintendent’s decision pursuant to the VAPA. All formal hearings and court review of the Superintendent’s decisions are governed by the VAPA. The provider may waive the holding of the informal conference and request the formal hearing directly upon written notice to the Department. This is the sole remedy for disputes under the Vendor Agreement and the parties thereby waive their right for judicial review in the courts of the Commonwealth of Virginia except as provided by the VAPA.