Common use of Procedures for Remedies and Sanctions Clause in Contracts

Procedures for Remedies and Sanctions. 3.5.1 The HHSC Contract Manager shall send to LIDDA notice of the LIDDA’s alleged contract non-compliance and the specified remedy or sanction to be imposed. 3.5.2 LIDDA may submit a written request for an informal review to HHSC LIDDA Section Director of the imposition of a remedy. The request for the informal review must be received within 10 business days after the date of receipt of the notice. The request for informal review must demonstrate that the allegation of non-compliance is invalid or that the allegation does not warrant the imposition of the remedy. If a timely request for informal review is not submitted, HHSC will impose the remedy. A timely request for informal review of a remedy based on failure to submit information in accordance with Attachment A-8 (IDD Submission Calendar) must include written proof that the LIDDA submitted the information by the due date. 3.5.3 LIDDA may submit a written request for reconsideration to the Sanction Action Review Committee of the imposition of a discretionary or mandatory sanction at: HHSC COS, Attn: SARC Chair, Mail Code W340, P.O. Box 149030, Austin, TX 78714-9030. The request for reconsideration must be received within ten business days after the date of receipt of the notice. The request for reconsideration must demonstrate that the allegation of non-compliance is invalid or that the allegation does not warrant the imposition of the sanction. If a timely request for reconsideration is not submitted, System Agency will impose the sanction. A timely request for reconsideration of a sanction based on failure to submit information in accordance with Attachment A-8 (IDD Submission Calendar) must include written proof that the LIDDA submitted the information by the due date. 3.5.4 The HHSC LIDDA Section Director shall notify LIDDA in writing of HHSC's final determination. 3.5.5 If HHSC's final determination is to uphold the sanction, LIDDA shall remit to HHSC any monetary amounts assessed within 30 days following the date specified in the notice of alleged non-compliance or HHSC's’ final determination, whichever date is later, or interest will accrue on the unpaid amounts at the rate of 5% per annum.