SECTION 392.331. Request for Reconsideration

(a) After DARS issues a decision on an appeal, the appellant may submit in writing a request for reconsideration.

(b) An appellant may submit a request for reconsideration only if the appellant's request for an appeal met the requirements set out in §392.329 of this subchapter (relating to Appeals).

(c) Requests for reconsideration must be addressed to the DARS commissioner and must be received by DARS within 20 days after the date DARS issues the decision on the appeal.

(d) The DARS commissioner may designate a representative(s) to receive the request for reconsideration and issue a decision on behalf of DARS.

(e) The request for reconsideration must:

(1) clearly state that the purpose of the letter is to request reconsideration of DARS' decision on an appeal;

(2) specifically point out any errors in the appeal decision;

(3) specify all relief requested; and

(4) state all reasons why the relief should be granted.

(f) DARS issues a decision on the request for reconsideration no later than 45 days after receipt of the request for reconsideration. The decision may affirm, reverse, or modify the adverse action previously imposed by DARS.

(g) The decision on the request for reconsideration is the final decision of DARS. However, if the contractor believes DARS breached the contract, the contractor may pursue further action according to Government Code, Chapter 2260.

Source Note: The provisions of this §392.331 adopted to be effective June 17, 2015, 40 TexReg 3638