40 Tex. Admin. Code § 858.15 - Appeals

(a) A contractor may appeal an initial adverse action rendered by the Agency under § 858.9 of this chapter by hand delivery, mail, common carrier, facsimile (fax) transmission, or other method approved by the Agency in writing. A contractor shall only submit an appeal by hand delivery, mail, or common carrier to the Agency as directed on the Contractor Notice of Appeal Rights (VR 1309). An appeal sent by unapproved methods or to a different address will not be considered by the Agency as a valid appeal.

(b) The Agency's initial adverse action is final for all purposes unless the contractor files an appeal not later than 28 calendar days after the date on which the initial adverse action is mailed, sent by electronic mail, or sent by facsimile to the contractor. The timeliness of an appeal is subject to the rules and procedures set out in the Unemployment Insurance rules at 40 TAC Chapter 815, except to the extent that such sections are clearly inapplicable or contrary to provisions set out under these Chapter 858 rules or the contract between the parties.

(c) To be considered, the appeal must include the following:

(1) A statement of facts describing how an Agency decision, action, or inaction deviated from contract terms, published policy, or state or federal laws or regulations;

(2) The contractor's claim, including pertinent contract sections;

(3) A statement of the issue or issues in dispute;

(4) A brief statement about why the Agency's initial adverse action is wrong;

(5) Copies of evidence or documentation supporting the appeal; and

(6) The action requested.

(d) The contractor may supplement its appeal after being perfected but before the Agency rendering a decision on the merits.

(e) As part of the appeal, the contractor may also request a meeting with the Agency. Whether a meeting will be granted is at the Agency's discretion. The meeting request should include a description of any special accommodations needed for the contractor, witnesses, or representatives. At the meeting, the contractor may:

(1) be represented by an individual of the contractor's selection; and

(2) present evidence and information to support the contractor's position.

(f) The Agency will notify the contractor whether its appeal has been perfected and has met the requirements in subsection (c) of this section for consideration on its merits. If the appeal does not meet the requirements, the appeal will be denied, and the initial adverse action will be the Agency's final decision.

(g) An Agency appeal decision becomes final 14 days after the date the appeal decision is mailed, unless the contractor files a written request for reconsideration before that date.

Notes

40 Tex. Admin. Code § 858.15

Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3640, eff. 6/17/2015; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Amended by Texas Register, Volume 45, Number 27, July 3, 2020, TexReg 4534, eff. 7/6/2020