SECTION 11.108. Request for Hearing

(a) A contractor may request a contested case hearing before the State Office of Administrative Hearings (SOAH) of any unsettled portion of the claim.

(b) A contractor must file the request for hearing with the chief clerk in writing on a form to be determined by the commission.

(c) A contractor may not file the request for hearing until the expiration of 270 days after the contractor files the notice of claim. This period may be extended or reduced by written agreement of the contractor and the executive director. The agreement must be filed with the chief clerk.

(d) A contractor must serve copies of the request for hearing on the executive director and the deputy director of Office of Legal Services no later than the day of filing.

(e) After a contractor files the request for hearing, the chief clerk shall refer the entire file on the claim and counterclaim to SOAH for a contested case hearing under Texas Government Code, Chapter 2001, as to the issues raised in the request for hearing. Referral of a request for hearing to SOAH does not constitute waiver by the commission of statutory or regulatory requirements for the notice of claim, the claim or the request for hearing.

(f) Other chapters of this title regarding requests for, and conduct of, contested case hearings of applications do not apply to hearings of contract claims brought under this subchapter.

(g) Contested case hearings brought under this subchapter must be conducted in compliance with the rules of SOAH applicable to hearings on contract claims and where those rules are silent, under the Texas Rules of Civil Procedure and the Texas Rules of Evidence.

Source Note: The provisions of this §11.108 adopted to be effective August 20, 2000, 25 TexReg 7719; amended to be effective June 21, 2006, 31 TexReg 4866