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5. An appealing Contractor may request a hearing by the ODA. ODA shall only honor a <br />request for an appeal hearing before ODA if the provider has fully complied with the <br />written process for appealing an adverse action by the Agency and the Agency has <br />rendered its final decision on the appeal, or as required by applicable law. <br />To request a hearing before ODA, the Contractor shall submit a written request to ODA and its <br />directorvia certified mail no laterthan fifteen (15) business days afterthe date that Agency renders <br />its final decision, or as required by applicable law. <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 />and other applicable law. <br />ARTICLE XXXVII: NOTICES <br />37.1 Notices under this Agreement shall be in writing and may be delivered in person, by <br />certified mail (return receipt requested). by overnight mail (proof of delivery required), or <br />by facsimile (to the Contractor, only). <br />ARTICLE XXXVIII: APPLICABLE LAW AND FORUM <br />38.1 This Agreement shall be construed in accordance with Ohio law and specific applicable <br />federal statutes, rules and regulations. Any litigation to enforce this Agreement shall be <br />brought in the Cuyahoga County Court of Common Pleas or in the United States District <br />Court for the Northern District of Ohio, in Cleveland, Ohio. <br />IN WITNESS WHEREOF, the duly authorized representatives of the Agency and the Contractor <br />have executed this Agreement on the dates written below their signatures. <br />WESTERN RESERVE AREA AGENCY ON AGING Contractor: <br />PROVIDER <br />E. Douglas Beach, Ph.D., CEO Contractor/DULY AUTHORIZED SIGNATORY <br />POS 27 of 28 Final <br />