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Docusign Envelope ID: 21C8916C-D962-408A-8F21-296OD56OB7D7 - __'NDMENT 3 AMENDED AND RESTATED FY2026 AND FV2027 COMMUNITY SERVICES PERFORMANCE CONTRACT MASTER AGREEMENT AND SUPPLEMENTAL DOCUMENTS Portsmouth Department of Behavioral Healthcare Services Contract No. P1636.778.3 compliance issues with its contract. d. The OEMS shall work with the Deputy Commissioner for Community Services to develop the CAP that the CSB will implement to address the issue(s) identified in the Department's notice. The CAP shall include specific, measurable, attainable, reasonable, and time -specific actions the CSB must meet. The CAP shall include specific times at which the Department shall provide updates to the CSB and its chairperson regarding the CSB's progress toward coming into substantial compliance. e. If the CSB fails to comply with the CAP, the Department may move forward with its enforcement action due to the CSR's failure to come into substantial compliance and shall notify the CSB board chairperson, executive director, and governing body of each city or county that established the CSB of that decision. f. Appeal of Enforcement Action: The CSB may appeal the Department's enforcement action and shall use the appeal process outlined as follows: Within 15 days of receipt of the Department's notification in accordance with 14.C.3.e, that it is taking enforcement action, the CSB may provide a written request to use the appeal process. This written notice shall be submitted to the Department's OEMS Director or designee, through the performancecontractsupport(dbads.virginia.gov email address stating its desire to use the appeal process. If the CSB does not submit a notice requesting an appeal during the designated timeframe, the Department shall move forward with its enforcement action. ii. If the CSB submits a request to appeal, the OEMS Director or designee shall, within 15 days after the Department's receipt of the CS13's request to appeal, facilitate the following process: a) Notify the CSB within seven days of receipt of the written notice that a panel will be appointed within 15 days to conduct a panel conference to consider the issues identified in the Department's notice. b) Establish a panel of five (5) disinterested persons that shall be appointed to the panel conference. The panel members shall elect a chairman, and the chairman shall convene the panel. c) Inform each panel member of the nature of the issues identified in the Department's notice. Each panel member shall sign a statement indicating that he has no interest in this matter. Any person with an interest in the underlying issues shall be relieved of panel responsibilities, and another person shall be selected as a panel member. d) Schedule panel conference not more than 15 days after the appointment of the final panel member. e) Contact the parties for a panel conference at a mutually convenient time, date, and place. Confirmation of the time, date, and place of the panel conference will be communicated to all parties at least seven days in advance of the panel conference by the OEMS. n Handle any multiple appeal notices independently and sequentially so that an initial appeal will not be delayed by a second appeal. iii. At the panel conference, the CSB shall present evidence first, followed by the Department. The panel may hear rebuttal evidence after the initial presentations by the CSB and the Department. The panel may question either party to obtain a clear understanding of the facts. iv. Subject to provisions of the Freedom of Information Act, the panel shall convene in closed Page 23 of 27