SECTION 392.329. Appeals

(a) A contractor has the right to appeal any adverse action imposed by DARS.

(b) To appeal an adverse action, the contractor, referred to in this subchapter as the appellant, must ensure that DARS receives a written request for an appeal within 30 days of the contractor's receipt of the notice of adverse action.

(c) The appellant must ensure that the request for an appeal:

(1) clearly states that the purpose of the letter is to appeal DARS' adverse action;

(2) is received by DARS at the address provided in the notice of adverse action letter;

(3) is received by DARS according to time frames provided in this section; and

(4) includes all required information and documentation as outlined in this section.

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

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

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

(3) A statement of the issue(s) in dispute;

(4) A brief statement about why DARS' decision is wrong;

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

(6) The action requested.

(e) In the request for an appeal letter, the appellant may also request a meeting with DARS. This request should include a description of any special accommodations needed for the appellant, witnesses, or representatives. At the meeting, the appellant:

(1) may be represented by a person of his or her selection; and

(2) will be provided with an opportunity to present evidence and information to support his or her position.

(f) If the appeal does not meet the requirements of this chapter, DARS will notify the appellant that their request for an appeal is denied because it did not meet requirements.

(g) DARS provides a written decision to the appellant within 30 days after conclusion of the meeting, or if no meeting is held, within 45 days after the date DARS receives the appeal, unless the appropriate DARS representative extends the time.

Source Note: The provisions of this §392.329 adopted to be effective June 17, 2015, 40 TexReg 3638