SECTION 4.23. Request for Contested Case Hearing

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter on or before the 270th day after the Department of State Health Services (department) receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §4.18(d) of this title (relating to Timetable for Negotiation and Mediation), the contractor may file a request with the department for a contested case hearing before the State Office of Administrative Hearings (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 commissioner or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §4.18(e) of this title.

(c) The department shall forward the contractor's request for contested case hearing to 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 SOAH before the 270th day after the notice of claim is received by the department 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 §4.23 adopted to be effective September 16, 2010, 35 TexReg 8369