143B-1342. Dispute resolution.
(a) Agency Request for Review. - In any instance where the State CIO has denied or suspended the approval of an information technology project, has cancelled the project, or has denied an agency's request for deviation, the affected State agency may request that the Governor review the State CIO's decision. The agency shall submit a written request for review to the Governor within 15 business days following the agency's receipt of the State CIO's written grounds for denial, suspension, or cancellation. The agency's request for review shall specify the grounds for its disagreement with the State CIO's determination. The agency shall include with its request for review a copy of the State CIO's written grounds for denial or suspension.
(b) Review Process. - The Governor shall review the information provided and may request additional information from either the agency or the State CIO. The Governor may affirm, reverse, or modify the decision of the State CIO or may remand the matter back to the State CIO for additional findings. Within 30 days after initial receipt of the agency's request for review, the Governor shall notify the agency and the State CIO of the decision in the matter. The notification shall be in writing and shall specify the grounds for the Governor's decision.
The Governor may reverse or modify a decision of the State CIO when the Governor finds the decision of the State CIO is unsupported by substantial evidence that the agency project fails to meet one or more standards of efficiency and quality of State government information technology as required under this Article. (2015-241, s. 7A.2(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143B - Executive Organization Act of 1973
Article 15 - Department of Information Technology.
§ 143B-1320 - Definitions; scope; exemptions.
§ 143B-1321 - Powers and duties of the Department; cost-sharing with exempt entities.
§ 143B-1322 - State CIO duties; Departmental personnel and administration.
§ 143B-1323 - Departmental organization; divisions and units; education community of practice.
§ 143B-1324 - State agency information technology management; deviations for State agencies.
§ 143B-1325 - State information technology consolidated under Department of Information Technology.
§ 143B-1330 - Planning and financing State information technology resources.
§ 143B-1331 - Business continuity planning.
§ 143B-1332 - Information Technology Fund.
§ 143B-1333 - Internal Service Fund.
§ 143B-1336 - Information technology human resources.
§ 143B-1337 - Information Technology Strategy Board.
§ 143B-1340 - Project management.
§ 143B-1341 - Project management standards.
§ 143B-1342 - Dispute resolution.
§ 143B-1343 - Standardization.
§ 143B-1344 - Legacy applications.
§ 143B-1350 - Procurement of information technology.
§ 143B-1354 - Certification that information technology bid submitted without collusion.
§ 143B-1356 - Multiyear contracts; Attorney General assistance.
§ 143B-1358 - Refurbished computer equipment purchasing program.
§ 143B-1359 - Configuration and specification requirements same as for new computers.
§ 143B-1360 - Data on reliability and other issues; report.
§ 143B-1361 - Information technology procurement policy; reporting requirements.
§ 143B-1362 - Personal services contracts subject to Article.
§ 143B-1370 - Communications services.
§ 143B-1371 - Communications services for local governmental entities and other entities.
§ 143B-1372 - Statewide electronic web presence; annual report.
§ 143B-1373 - Growing Rural Economies with Access to Technology (GREAT) program.
§ 143B-1373.1 - Completing Access to Broadband program.
§ 143B-1373.2 - G.R.E.A.Tprogram fixed wireless and satellite broadband grants.
§ 143B-1373.3 - Wireless broadband grants.
§ 143B-1374 - Satellite-Based Broadband Grant Program.
§ 143B-1376 - Statewide security and privacy standards.
§ 143B-1377 - State CIO approval of security standards and risk assessments.
§ 143B-1378 - Assessment of agency compliance with cybersecurity standards.
§ 143B-1385 - Government Data Analytics Center.
§ 143B-1402 - Powers and duties of the 911 Board.
§ 143B-1403 - Service charge for 911 service.
§ 143B-1405 - Fund distribution to CMRS providers.
§ 143B-1406 - Fund distribution to PSAPs.
§ 143B-1407 - PSAP Grant and Statewide 911 Projects Account; Next Generation 911 Reserve Fund.
§ 143B-1408 - Recovery of unauthorized use of funds.
§ 143B-1409 - Conditions for providing enhanced 911 service.
§ 143B-1411 - Subscriber records.
§ 143B-1412 - Proprietary information.
§ 143B-1413 - Limitation of liability.
§ 143B-1415 - Limitation of liability, prepaid wireless.
§ 143B-1416 - Exclusivity of 911 service charge for prepaid wireless telecommunications service.
§ 143B-1420 - Council established; role of the Center for Geographic Information and Analysis.
§ 143B-1421 - Council membership; organization.
§ 143B-1422 - Compensation and expenses of Council members; travel reimbursements.