SECTION 68.37. Request for Contested Case Hearing

(a) If a claim of breach of contract is not resolved in its entirety through negotiation or mediation in accordance with this chapter on or before the 270th day after the unit receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §68.27(f) of this title (relating to Timetable), the contractor may file a request with the unit of state government for a contested case hearing before SOAH.

(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the chief administrative officer of the unit of state government within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §68.27(f) of this title.

(c) The unit of state government shall forward the contractor's request for contested case hearing to the SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.

(d) The parties may agree to submit the case to the SOAH before the 270th day after the notice of claim is received by the unit of state government if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.

Source Note: The provisions of this §68.37 adopted to be effective May 31, 2000, 25 TexReg 4719