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Appeals Committee, if any, the Appeals Committee will render a final <br />recommendation, in writing, within five (5) working days, which shall become the <br />final decision of the WRAAA unless appealed to the Board of Trustees. <br />3. An appealing Contractor may by letter appeal notice from the Appeals <br />Committee that the appeal is not within the above -established criteria, or may <br />appeal the final recommendation of the Appeals Committee to the Board of <br />Trustees, with a copy to the Chief Executive Officer of the Agency, within two (2) <br />working days of receipt of the written notice that the appeal to the Appeals <br />Committee was not within the above -established criteria or of written notice of the <br />final recommendation of the Appeals Committee. The ground for appeal must be <br />specified in the appeal letter. <br />4. Upon timely appeal to the Board of Trustees the Board of Trustees, or in <br />its absence the Executive Committee, will review the notice that the appeal is not <br />within the above -established criteria or the final recommendation of the Appeals <br />Committee at its next meeting, adopt a final course of action and notify the <br />appealing Contractor about its final decision in writing within five (5) working days. <br />The decision of the Board, or its Executive Committee, shall be the final decision of <br />the Agency, which may be appealed by the Contractor to ODA. <br />5. An appealing Contractor may request a hearing by the Ohio Department <br />of Aging as and within the time prescribed by law. ODA shall only honor a request <br />for an appeal hearing before ODA if the provider has fully complied with the written <br />process for appealing an adverse action by the Agency and the Agency has <br />rendered its final decision on the appeal. <br />To request a hearing before ODA, the provider shall submit a written request to ODA's director <br />via certified mail no later than fifteen (15) business days after the date that WRAAA renders its <br />final decision. <br />ODA shall hold a hearing and render its final decision on the appeal no later than thirty (30) <br />business days after the date of the hearing. The appeal process will comply with Rule 173-3-09. <br />12. This Agreement shall be construed in accordance with Ohio law as well as any <br />applicable Federal statutes, rules and regulations. Any litigation to enforce this Agreement shall <br />be brought in the Cuyahoga County Court of Common Pleas or in the United States District Court <br />for the Northern District of Ohio, in Cleveland, Ohio. <br />POS 5 of 6 Final <br />