Section 071-61-4 - PRIORITY LISTS, EVALUATION REPORT AND ADMINISTRATIVE REVIEW1.Priority ListsA. The Facilities Team shall develop a needs-based Initial Priority List for the Commissioner of those applicants for a given rating cycle based on the Rating System outlined in Section 3 of this Chapter. The Commissioner shall recommend a Proposed Priority List to the State Board. The Board will receive a Proposed Priority List. If there are extremely hazardous conditions, the evaluators shall report the matter to the Commissioner who may refer it to the State Fire Marshal or other appropriate authority.
B. The Facilities Team will develop a priority list for the Commissioner of those applicants for an integrated, consolidated 9-16 educational facility. Funds used for the integrated, consolidated 9-16 educational facilities selected may not impact the funds that would normally be used for new school construction projects that are prioritized and selected under the current guidelines set forth in this chapter. Implementation of this innovative model would occur only with a specific increase in debt service to create a pool of available funds for the model based on the criteria set forth in Section 15 of this rule.
2.Evaluation Report After receipt of the Proposed Priority List by the Board, the Department will ensure the delivery of an individualized Evaluation Report to the office of the superintendent of schools of each evaluated facility. This report shall include the scores for each category and sub-category used by the Department to rate that facility.
3.Administrative ReviewA. An SAU may appeal its point rating. The unit must demonstrate by clear and convincing evidence that an error was made in the evaluation rating of the project application based solely on the information included in its project application and presented during the site visit. If an SAU wishes to appeal its point rating a written request for administrative review along with a written demonstration of the alleged error shall be made to the Commissioner within 30 days of receipt of the SAU's individualized Evaluation Report described in subsection 2 of this section. Forms to request administrative review may be obtained from the Department. A Review Committee consisting of the Commissioner or the Commissioner's designee and two members of the Department staff appointed by the Commissioner other than members of the Facilities Team will review the written demonstration submitted by the SAU and presented by the SAU at an informal hearing. The Review Committee may call upon others to provide relevant information.B. Notification of the Review Committee's findings of fact and decision shall be made in writing within sixty (60) days of receipt of the request for administrative review.C. The Review Committee's findings of fact and decision will constitute final agency action.4.Final Priority ListA. Following either the close of the period in which appeals are permitted, or the completion of the Administrative Review process, the Proposed Priority List as recommended by the Commissioner and approved by the State Board becomes the Final Priority List.B. For the Integrated, Consolidated 9-16 Educational Facility projects following either the close of the period in which appeals are permitted, or the completion of the Administrative Review process, as appropriate, the Proposed Priority List as recommended by the Commissioner is submitted to the State Board. The State Board will select from the recommended Proposed Priority List a qualified applicant to implement the innovative model.05-071 C.M.R. ch. 61, § 4