Common use of Disallowances - Appeals Clause in Contracts

Disallowances - Appeals. In the event the audited party disagrees with the audit exceptions and disallowances, it may seek administrative appeal of such matters in accordance with the SCDHHS appeals procedures. Judicial review of any final agency decision pursuant to this Contract shall be in accordance with S.C. Code Xxx. §1-23-380 (1976, as amended) and shall be the sole and exclusive remedy available to either Party except as otherwise provided herein; provided, however, any administrative appeal shall be commenced by written notice as required by the SCDHHS appeals procedures. Thirty (30) days after mailing of the notice of disallowance, all audit disallowances shall become final unless an appeal in accordance with SCDHHS appeals procedures has been filed. Payment shall be due and should be made upon notice of disallowance regardless of the filing of an appeal. Should the amount of the disallowance be reduced for any reason, SCDHHS will reimburse the audited party for any excess amount previously paid. Additionally, any issue which could have been raised in an appeal shall be final and not subject to challenge by the audited party in any other administrative or judicial proceeding if no appeal is filed within thirty (30) calendar days of the notice of determination.