SECTION 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.

Source Note: The provisions of this §20.49 adopted to be effective February 12, 2004, 29 TexReg 1196