31 Tex. Admin. Code § 3.72 - Request for Contested Case Hearing
(a) If the parties do not resolve a claim of
breach of contract in its entirety through negotiation or mediation in
accordance with this subchapter on or before the 270th day after the Land
Office receives the notice of claim, or after the expiration of any extension
agreed to by the parties pursuant to §
3.67(f) of this
subchapter (relating to Timetable), the contractor may file a request with the
Land Office for a contested case hearing before SOAH.
(b) A request for a contested case hearing
must.
(1) state the legal and factual basis
for the claim.
(2) be delivered to
the chief administrative officer within a reasonable time after the 270th day
after the Land Office receives the notice of claim or the expiration of any
written extension agreed to pursuant to §
3.67(f) of this
subchapter; and
(3) request that
the claim be referred to SOAH for a contested case hearing.
(c) The Land Office must, within a
reasonable period of time not to exceed thirty days after receipt of the
request, refer the claim to SOAH for a contested case hearing under Chapter
2001, Texas Government Code, as to the issues raised in the request.
(d) The parties may agree to submit the case
to the SOAH before the 270th day after the notice of claim is received by the
Land Office 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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.