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if the Contractor does not demonstrate satisfactory performance, and/or if funds are not <br />available to pay for the service, product or program for a subsequent year, and/or if a <br />situation arises that was unforeseen at the time the Agency and the Contractor entered <br />into the Agreement [e.g. see OAC 173-3-06(B)(3)]. <br />ARTICLE XXXVI: APPEALS <br />36.1 The Contractor has the right to appeal adverse action by the Agency in accordance with <br />the following process and Rule 173-3-09 of the Ohio Administrative Code. The Contractor <br />may appeal an adverse action decision made by Agency as follows: <br />1. An appealing Contractor must submit a letter, signed by the official authorized to sign <br />the appeal, to the Chief Executive Officer of the Agency with a copy sent to the <br />President of the Board of Trustees of the Agency, within two (2) working days of receipt <br />of written notice of an adverse action taken by the Agency. The ground for appeal must <br />be specified in the appeal letter. <br />2. If the Appeals Committee determines the appeal is not within the above -established <br />criteria it shall so notify the appealing Contractor. If the Agency's Appeals Committee <br />approves the appeal request and determines that the appeal is within the above - <br />established criteria, a meeting of the Appeals Committee will be scheduled within five <br />(5) working days, with an appearance by the appealing Contractor, to review the <br />adverse decision and recommend final action by the Board of Trustees. An appealing <br />Contractor will be notified of the date and time of the meeting. The Appeals Committee <br />will render a final recommendation, in writing, within five (5) working days after the <br />meeting, which shall become the final decision of the Agency unless appealed to the <br />Board of Trustees. <br />3. An appealing Contractor may by letter appeal the notice that the appeal is not within <br />the above -established criteria, or the final recommendation of the Appeals Committee <br />to the Board of Trustees, with a copy to the Chief Executive Officer of the Agency, <br />within two (2) working days of receipt of notice that the appeal is not within the above - <br />established criteria or written notice of the final recommendation of the Appeals <br />Committee. The ground for appeal must be specified in the appeal letter. <br />4. The Board of Trustees, or in its absence the Executive Committee, will review the notice <br />that the appeal is not within the above -established criteria or the appeal from the final <br />POS 26 of 28 Final <br />