SECTION 212.31. Expedited Requests

(a) In the event a state agency experiences an unforeseeable circumstance that requires immediate attention but is not considered an Emergency Procurement as defined in 34 Texas Administrative Code §20.25(21) or future section that supersedes or amends the referenced section, the state agency may submit an expedited request for certification. The department shall issue a written certification or denial within a maximum of three business days of receipt of the expedited request for certification.

(b) The expedited request for certification must include a statement from the head of the requesting state agency or their designee describing the circumstances and justification for expedited review by the department.

(c) If the department has not issued a written denial of the expedited request for certification within three business days following the date of its receipt of the request or the date of receipt of requested additional information, the expedited request for certification shall be deemed to have been issued for the period of time described in the expedited exemption request.

Source Note: The provisions of this §212.31 adopted to be effective March 19, 2014, 39 TexReg 1927; amended to be effective February 10, 2022, 47 TexReg 490