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Time Limit for Appealing: Subagent must submit its written "Notice of Appeal" to the Agent within thirty (30) calendar days of receiving the Agent's written Final Decision on the Level III Breach. Failure to submit the appeal within the allowed time will result in a waiver of Subagent's right to appeal. Agent's Determination not Stayed by Appeal: The suspension or termination of this Agreement is not stayed during the pendency of an appeal. Agent, and/or DOL may also still perform an audit and secure all equipment and supplies as set forth in Attachment A, § 7. Binding Decision: The Review Board's Final Decision is permanent and binding on all parties and may not be subject to further appeal or review. (e) APPEAL REVIEW BOARD At the direction of DOL, the President of WAVS and WSACA chairs will convene a Review Board to consider the merit of any appeal or dispute. DOL will be responsible to coordinate scheduling and location for the Review Board proceedings and notification to the Agent and Subagent. Members of the Review Board must not have prior involvement with the specific allegation(s) to be ruled upon or have a conflict of interest. Members of WSACA and WAVS serving on the review board must be in good standing and not be the subject of an open appeal or open termination proceeding, and may not be from the same county as the Subagent being reviewed. Composition of_Review _Board: The Review Board will be comprised of the following persons: • A representative from WSACA appointed by WSACA in accordance with WSACA policy. • A representative of WAVS appointed by WAVS in accordance with WAVS policy. • The Director of DOL or the Director's designee. The review board will self-select a chairperson for purposes of the review. Quorum: All three (3) members of the Review Board are required to constitute a quorum Location of the Review Process: The Review Board shall conduct the review process in the county in which the termination, suspension or dispute took place, unless another mutually agreeable venue is selected. Time of Review Board Review Process: The review process is to take place within thirty (30) calendar days of the date the "Notice of Appeaf'was received by Agent, unless an alternative mutually agreeable date is selected. Burden of Proof: The burden of proof is on the Agent to show that by a standard of preponderance of evidence that the Subagent engaged in noncompliant action(s) that caused a breach of the Agreement, and that such actions justify the final disposition as determined by the Agent. Review Board Procedure Evidence: Documentary evidence may be submitted in addition to witness testimony. No later than ten (10) calendar days prior to the scheduled review proceeding, Agent and Subagent must submit to the review board, and to the other party, a list of all witnesses, and all documentary evidence that will be introduced and/or used at the hearing. The Rules of Evidence do not apply, but the Review Board will consider only relevant evidence, and will determine the substantive weight and credibility of such evidence. County Agent/Subagent Contract: Page 11 of 28 County VLO #VO1904 Version: January 2020 Agent/Subagent Agreement