SECTION 25.409. Appeal

(a) Contractor. A contractor may appeal any adverse decision by the department by filing a petition for an administrative hearing pursuant to §§1.21-1.26 of this title (relating to Procedures in Contested Cases). Any dispute as to the terms of the contract will be governed by §9.2 of this title (relating to Contract Claim Procedure).

(b) Commercial establishment or TOD facility. A commercial establishment or TOD facility may petition the Traffic Operations Division director (director) to appeal an adverse decision of the program contractor.

(1) The petition must be in writing and received by the director at 125 E. 11th Street, Austin, Texas 78701-2483 within 30 days of the contractor's adverse decision.

(2) The petition must include:

(A) an explanation of the adverse decision made by the contractor;

(B) statement of facts as to why the contractor's decision is in error; and

(C) any supporting documentation to be considered by the director, such as drawings or photographs.

(3) The decision by the director is final.

(4) If the petition is denied the department will send a written decision to the petitioner stating the reasons for denial.

Source Note: The provisions of this §25.409 adopted to be effective November 17, 2005, 30 TexReg 7497