16 Tex. Admin. Code § 55.56 - Timetable
(a) Following receipt of a contractor's
notice of claim, the Department or designated representative shall review the
contractor's claim and the Department's counterclaim, if any, and initiate
negotiations with the contractor to attempt to resolve the claim and
counterclaim.
(b) Subject to
subsection (c), the parties shall begin negotiations within a reasonable period
of time, not to exceed 120 days after the date the Department receives the
contractor's notice of claim.
(c)
The parties may conduct negotiations according to an agreed schedule as long as
they begin negotiations no later than the deadline set forth in subsection
(b).
(d) Subject to subsection (e),
the parties shall complete the negotiations that are required by this
subchapter as a prerequisite to a contractor's request for contested case
hearing no later than 270 days after the Department receives the contractor's
notice of claim.
(e) The parties
may agree in writing to extend the time for negotiations on or before the 270th
day after the Department receives the contractor's notice of claim. The
agreement shall be signed by representatives of the parties with authority to
bind each respective party.
(f) The
contractor may request a contested case hearing before the State Office of
Administrative Hearings (SOAH) pursuant to §55.61 after the 270th day
after the Department receives the contractor's notice of claim, or the
expiration of any extension agreed to under subsection (e).
(g) The parties may agree to mediate the
dispute at any time before the 120th day after the Department receives the
contractor's notice of claim and before the expiration of any extension agreed
to by the parties pursuant to subsection (e). The mediation shall be governed
by Subchapter E.
(h) Nothing in
this section is intended to prevent the parties from commencing negotiations
earlier than the deadline established in subsection (b), or from continuing or
resuming negotiations after the contractor requests a contested case hearing
before SOAH.
Notes
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