Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 40. SOCIAL SERVICES AND ASSISTANCE |
PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES |
CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES |
SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS |
DIVISION 1. GENERAL |
SECTION 7.902. Applicability
Latest version.
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(a) This subchapter applies to the Texas Department of Mental Health and Mental Retardation (TDMHMR). (b) This subchapter does not apply to an action of a unit of state government for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute. (c) This subchapter does not apply to a contract action proposed or taken by a unit of state government for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Government Code, Chapter 2001. (d) This subchapter does not apply to contracts: (1) between a unit of state government and the federal government or its agencies, another state or another nation; (2) between two or more units of state government; (3) between a unit of state government and a local governmental body, or a political subdivision of another state; (4) between a subcontractor and a contractor; (5) subject to §201.112 of the Transportation Code; (6) within the exclusive jurisdiction of state or local regulatory bodies; (7) within the exclusive jurisdiction of federal courts or regulatory bodies; or (8) that are solely and entirely funded by federal grant monies other than for a project defined in §417.903.(10) of this title (relating to Definitions). Source Note: The provisions of this §7.902 adopted to be effective February 22, 2001, 26 TexReg 1513; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841