SECTION 1.24. Mandatory Contents of a Petition for Contested Case Status

(a) A petition for contested case status in any matter in which statutes or rules give a party the right to a hearing, shall contain the following:

(1) For a contract dispute:

(A) an explanation of the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim, and each contractual provision allegedly breached;

(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and

(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.

(D) In addition to the mandatory contents of the notice of claim as required herein, the contractor may submit supporting documentation or other tangible evidence to facilitate the agency's evaluation of the contractor's claim.

(E) The following types of contracts shall not be subject to the provisions herein. A petition for contested case status in a contract dispute must contain sufficient identification of the parties and the nature of the dispute to allow the agency to determine that the basis of the claim is not an action of the Board for which the contractor is entitled to a specific remedy pursuant to state or federal constitution or statute, or that the dispute is regarding a contract:

(i) between the Board and the federal government or its agencies, another state or another nation;

(ii) between the Board and two or more units of state government;

(iii) between the Board and a local governmental body, or a political subdivision of another state;

(iv) between a subcontractor and a contractor;

(v) subject to §201.112 of the Transportation Code;

(vi) within the exclusive jurisdiction of state or local regulatory bodies;

(vii) within the exclusive jurisdiction of federal courts or regulatory bodies; or

(2) The petition must contain the signature of the contractor or the contractor's authorized representative.

(b) In all types of contested cases other than contract disputes:

(1) a description of the determination, decision, order, ruling, or failure to act that is being complained of;

(2) the date of the determination, decision, order, ruling, or failure to act;

(3) a statement of the facts of which petitioner is aware and which he or she believes to be true, that would lead to a reasonable conclusion that petitioner is entitled to the relief sought;

(4) the specific statute or rule which the petitioner believes entitles him or her to request a contested case status;

(5) a description of the action that the petitioner wants the Board to take on the petitioner's behalf; and

(6) the signature of the petitioner, or the petitioner's authorized representative.

(7) Nothing in this section requires that the petitioner plead in his or her petition all evidence that he or she may rely upon in a formal contested case hearing. However, all issues that the petitioner intends to raise in a formal contested case hearing must be sufficiently pled in the petition to put the respondent on notice of the nature of the complaint.

Source Note: The provisions of this §1.24 adopted to be effective February 26, 2004, 29 TexReg 1658