SECTION 3.72. Request for Contested Case Hearing

(a) If the parties do not resolve a claim of breach of contract in its entirety through negotiation or mediation in accordance with this subchapter on or before the 270th day after the Land Office receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §3.67(f) of this subchapter (relating to Timetable), the contractor may file a request with the Land Office for a contested case hearing before SOAH.

(b) A request for a contested case hearing must.

(1) state the legal and factual basis for the claim.

(2) be delivered to the chief administrative officer within a reasonable time after the 270th day after the Land Office receives the notice of claim or the expiration of any written extension agreed to pursuant to §3.67(f) of this subchapter; and

(3) request that the claim be referred to SOAH for a contested case hearing.

(c) The Land Office must, within a reasonable period of time not to exceed thirty days after receipt of the request, refer the claim to SOAH for a contested case hearing under Chapter 2001, Texas Government Code, as to the issues raised in 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 Land Office if they have achieved a partial resolution of the claim or if they have reached an impasse in the negotiations and proceeding to a contested case hearing would serve the interests of justice.

Source Note: The provisions of this §3.72 adopted to be effective November 25, 2019, 44 TexReg 7186