Sec. 84.309. - Opioid Settlement Proceeds Grant Appeals Board; Appeals Procedure.

(a) Appeals Board Responsibility; Composition. The Opioid Settlement Proceeds Grants Appeals Board (the "OSPG Appeals Board") shall hear and make final determinations on all appeals made by requesting agencies pursuant to this Section. The OSPG Appeals Board shall consist of three members: (i) the Chair of OSUD Grants Committee, (ii) the Manager of Opioid Abatement, and (iii) the Chief of Procurement, or his or her designee. The Manager of Opioid Abatement shall be the Chair of the OSPG Appeals Board. (b) Notice of Meetings; Standard of Review. All meetings of the OSPG Appeals Board shall be quasi-judicial, noticed and open to the public. The standard of review for the OSPG 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 OSPG 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 84.305 ; (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; (4) An error made by the Manager of Opioid Abatement in the eligibility determination or disqualification of a requesting agency's application from consideration pursuant to Sections 84.304 and 84.305 , respectively; and (5) A determination made by the Manager of Opioid Abatement 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 OSUD Grants Committee or Manager of Opioid Abatement, as applicable, to deem a requesting agency ineligible to apply for an Opioid Settlement Proceeds Grant under Section 84.304 , disqualify an application under Section 84.305 or tentative funding allocation under Section 84.306 to file a Notice of Appeal. The Notice of Appeal shall be addressed to the Manager of Opioid Abatement and must: (1) Identify one or more of the stated reasons in Section 84.309 (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 OSUD Grants Committee's tentative funding allocation. The OSPG Appeals Board shall meet as soon as practicable to hear appeals and render final decisions to grant or deny the same. The OSPG Appeals Board shall afford requesting agencies, and as applicable the OSUD Grants Committee Member(s) pertinent to the appeal, an opportunity to comment at the Notice of Appeal meeting, and the board shall notify the OSUD Grants Committee of the results and final determinations regarding each appeal. (e) Remedy. Any appeals filed under Sections 84.309 (c)(4) and (5) above and granted in favor of the requesting agency by the OSPG Appeals Board shall be immediately allowed into the grant review and evaluation process and the Chair shall assign such application to the OSUD Grants Committee or scoring subcommittee for review, as applicable. In instances where the OSUD Grants Committee must make adjustments to tentative funding allocations based on the appeal outcome, the Chair shall call a special meeting of the OSUD Grants Committee to make adjustments to the tentative funding allocations and adopt final funding allocations pursuant to this Part. (f) Additional Procedures. The OSPG Appeals Board may promulgate additional appeals procedures consistent with the procedures contained in this Section. (g) OSPG Appeals Board Decisions to be Final. All decisions of the OSPG Appeals Board shall be final and non-appealable. (Ord. 2023-350-E , § 2)