Sec. 118.810. - Public Service Grant Appeals Board; Appeals Procedure.

(a) Appeals Board Responsibility; Composition. The Public Service Grant Appeals Board (the "PSG Appeals Board") shall hear and make final determinations on all appeals made by requesting agencies pursuant to this Section. The PSG Appeals Board shall consist of three members: (i) the Chair of PSG Council, (ii) the Grants Administrator, and (iii) the Chief of Procurement, or his or her designee. The Grants Administrator shall be the Chair of the PSG Appeals Board. (b) Notice of Meetings; Standard of Review. All meetings of the PSG Appeals Board shall be quasi-judicial, noticed and open to the public. The standard of review for the PSG Appeals Board shall be de novo as to the specific matters contained in the requesting agency's Notice of Appeal. (c) Appealable Matters. A requesting agency may only appeal a tentative funding allocation or eligibility decision regarding the requesting agency's application to the PSG Appeals Board for one or more of the application or scoring defects stated below: (1) Mathematical errors contained on the application score sheet or tentative funding allocation spreadsheet; (2) An error by the application scorer in deducting points from a requesting agency's application score for not including a required application item or attachment that was included in the requesting agency's application submittal and such error was determinative in the requesting agency's inability to receive a funding allocation; (3) A minor irregularity in the application contents or requirements which (i) is not prohibited under Section 118.806 ; (ii) adversely impacts a requesting agency's eligibility or application score and ranking; and (iii) will not result in an unfair competitive advantage to the requesting agency if such irregularity is waived; and (4) An error made by the PSG Council staff in the eligibility determination or disqualification of a requesting agency's application from consideration pursuant to Sections 118.805 and 118.806 , respectively; and (5) A determination made by the PSG Council staff that a requesting agency application is ineligible or disqualified due to such agency being on the Council Auditor's Chapter 118 noncompliance list. (d) Appeals Deadline; Contents; Procedures. A requesting agency shall have five business days from the decision date of the PSG Council or staff, as applicable, to deem a requesting agency ineligible to apply for a Public Service Grant under Section 118.805 , disqualify an application under Section 118.806 or tentative funding allocation under Section 118.807 to file a Notice of Appeal. The Notice of Appeal shall be addressed to the PSG Council staff and must: (1) Identify one or more of the stated reasons in Section 118.810 (c) above for the appeal and include any supporting documentation or information evidencing the same; (2) State the timeliness of the appeal; and (3) State the amount of the requesting agency's application grant request and the PSG Council's tentative funding allocation. The PSG Appeals Board shall meet as soon as practicable to hear appeals and render final decisions to grant or deny the same. The PSG Appeals Board shall afford requesting agencies, and as applicable the PSG Council Member(s) pertinent to the appeal, an opportunity to comment at the Notice of Appeal meeting, and the Board shall notify the PSG Council of the results and final determinations regarding each appeal. (e) Remedy. Any appeals filed under subsections (4) and (5) above and granted in favor of the requesting agency by the PSG Appeals Board shall be immediately allowed into the grant review and evaluation process and the Chair shall assign such application to the PSG Council or subcommittee for review, as applicable. In instances where the PSG Council must make adjustments to tentative funding allocations based on the appeal outcome, the Chair shall call a special meeting of the PSG Council to make adjustments to the tentative funding allocations and adopt final funding allocations pursuant to this Part. (f) Additional Procedures. The PSG Appeals Board may promulgate additional appeals procedures consistent with the procedures contained in this Section. (g) PSG Appeals Board Decisions to be Final. All decisions of the PSG Appeals Board shall be final and non-appealable. (Ord. 2016-56-E , § 4; Ord. 2017-317-E , § 1)