12-150 C.M.R. ch. 15, § 15 - DISPUTE RESOLUTION

A. INTERAGENCY

In instances of interagency conflict, the process and procedures as outlined in this section are to ensure services and opportunities outlined in State statute and these Rules are neither delayed nor denied due to the conflict. These conflicts may include issue of compliance with federal and State statutory and regulatory expectations.

The following steps shall be taken to resolve an interagency dispute:

(1) All attempts should be made to resolve disputes at the lowest operational level. This may include the BEP Administrator, Division Director, Facility point of contact or other Persons.

(2) When disputes cannot be resolved at the lowest operational level in a reasonable time, they shall be referred in writing to the Bureau of Rehabilitation Services Director.

(3) If resolution is not achieved within thirty (30) calendar days of receipt, the matter shall be referred to the Commissioner of the Department of Labor, or equivalent, and the State Agency and the entity responsible for the public property, for resolution.

(4) In lieu of or in addition to, any of the above steps, the parties may mutually agree to engage in alternative dispute resolution, including mediation or arbitration.

B. CONTINUATION OF SERVICES DURING DISPUTE RESOLUTION.

(1) A licensed manager shall be allowed to continue operations during a dispute resolution process.

(2) The SLA will not enter into a new permit with a licensed manager until the dispute resolution process is resolved, unless the parties agree that the permit may proceed notwithstanding the dispute.

Notes

12-150 C.M.R. ch. 15, § 15