(a) Local appeal process. An LMHA shall establish an appeal process for providers that:(1) is available to any provider who submitted a written statement of interest or participated in any phase of the procurement process; and(2) includes an opportunity for informal review and resolution as well as a formal appeal procedure.(b) Department review. If an issue cannot be resolved at the local level and involves an alleged violation by the LMHA of a state rule or contract provision, either the LMHA or the provider may submit the issue to the department in writing for review. Potential actions that may be taken by the department shall be defined in the performance contract. The decision of the Commissioner or his designee will be final.