SECTION 69.4. Appeal

(a) A protesting party or any other interested party who is not satisfied with the determination of the Director may appeal the determination to the First Assistant. The appeal must be submitted in writing to the First Assistant and received in the office of the First Assistant no later than ten working days after the date of the Director's determination.

(b) The appealing party must mail or deliver copies of the appeal to all other interested parties. The appeal must contain an affidavit that such copies have been provided.

(c) Upon receipt of a timely appeal that conforms with this subchapter, the First Assistant may designate one or more employees of the Office of the Attorney General to review the protest, the determination of the Director, and the appeal with respect to the protest. The designee(s) will prepare and submit to the First Assistant a written recommendation regarding the appeal.

(d) The written decision of the First Assistant shall be the final administrative action of the agency regarding the protest and appeal.

Source Note: The provisions of this §69.4 adopted to be effective February 25, 1999, 24 TexReg 1153; amended to be effective February 1, 2007, 32 TexReg 287; amended to be effective December 9, 2012, 37 TexReg 9617