Section R7-2-1145. Decision by the District Representative

A.      The district representative shall have the authority granted to the district representative by the governing board to settle and resolve a protest.

B.       The district representative shall issue a written decision within 42 days after a protest has been filed pursuant to R7-2-1142. The decision shall include:

1.        A statement of the decision of the district representative with supporting rationale; and

2.        A paragraph substantially as follows: “This is the deci- sion     of    the    district    representative    of    the    School District. The decision may be appealed to a hear- ing officer. If you appeal, you must file a written notice of appeal with the  district representative within 14 days from the date of the decision.”

C.      The district representative shall furnish a copy of the decision to the interested party by any method that provides evidence of receipt.

D.      On agreement of all interested parties, the time limit for deci- sions set forth in subsection (B) may be extended by the dis- trict representative for good cause for a reasonable time not to exceed 14 days. The district representative shall notify the interested party in writing that the time for the issuance of a decision has been extended and the date by which a decision will be issued.

E.       If the district representative fails to issue a decision within the time limits set forth in subsections (B) or (D), the interested party may proceed as if the district representative had issued an adverse decision.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Sec- tion amended by final exempt rulemaking at 21 A.A.R.

1525, effective July 1, 2015 (Supp. 15-3).