16 Tex. Admin. Code § 27.99 - Request for Contested Case Hearing
(a) A
contractor may file a request with the commission for a contested case hearing
before the State Office of Administrative Hearings (SOAH) if a claim for breach
of contract is not resolved in its entirety through negotiation, mediation or
other assisted negotiation process in accordance with this subchapter 270 days
from the date:
(1) the commission receives
the notice of the claim; or
(2) the
expiration of any extension agreed to by the parties in accordance with §
27.89(f) of this
title (relating to Timetable).
(b) A request for a contested case hearing
must state the legal and factual basis for the claim, and must be delivered to
the chief administrative officer of the commission or other officer designated
in the contract to receive notice within a reasonable time after the 270th day
or the expiration of any written extension agreed to in accordance with §
27.89(f) of this
title.
(c) The commission must
forward the contractor's request for contested case hearing to SOAH within a
reasonable period of time, not to exceed thirty days, after receipt of the
request.
(d) The parties may agree
to submit the case to SOAH 270 days from the date the notice of claim is
received by the commission if they have achieved a partial resolution of the
claim or if an impasse has been reached in the negotiations and proceeding to a
contested case hearing would serve the interests of justice.
Notes
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