16 Tex. Admin. Code § 20.49 - Request for Contested Case Hearing
(a) If
the parties do not resolve a claim for breach of contract in its entirety
through negotiation, mediation, or other assisted negotiation process in
accordance with the rules in this division on or before the 270th day after the
Commission receives the notice of claim, and after the expiration of any
extension agreed to by the parties pursuant to §20.39(f) of this division
(relating to Timetable), the contractor may file a request with the Commission
for a contested case hearing before SOAH.
(b) A request for a contested case hearing
shall be in writing and shall state the legal and factual basis for the claim,
and shall be delivered to the Director within 30 days after the 270th day or
the expiration of any written extension agreed to pursuant to §20.39(f) of
this division.
(c) The Commission
shall forward the contractor's request for contested case hearing to SOAH
within a reasonable period of time, not to exceed 30 days, after receipt of the
request.
(d) The parties may agree
to submit the case to SOAH before the 270th day after the notice of claim is
received by the Commission if they have achieved a partial resolution of the
claim or if they have reached an impasse in the negotiations and proceeding to
a contested case hearing would serve the interests of justice.
Notes
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