SECTION 2.52. Dispute Resolution Process

(a) Informal resolution. The project sponsor and department delegate will attempt to informally resolve any dispute concerning implementation of this subchapter before using other methods of dispute resolution. The informal dispute resolution procedures described in the project scope shall be implemented in accordance with the deadlines indicated in the project scope.

(b) Project sponsor is a department district or division. If a project sponsor is a department district or division, a dispute between the project sponsor and department delegate concerning implementation of this subchapter that cannot be resolved informally under subsection (a) of this section will be brought to the attention of and resolved by the department's executive director within 60 days after that date that the project sponsor or department delegate requests resolution.

(c) Project sponsor is a local government. If the project sponsor is a local government, disputes between the project sponsor and department delegate concerning implementation of this subchapter that cannot be resolved informally under subsection (a) of this section will be resolved according to the procedures set out in this subsection.

(1) The project sponsor and department delegate will ask their respective attorneys to meet and attempt to resolve the dispute.

(2) If the project sponsor's and department delegate's respective attorneys are unable to resolve the dispute, the project sponsor or department delegate may refer the dispute to mediation or other alternative dispute resolution process for resolution. The project sponsor and the department will share equally the expenses of the mediation or other alternative dispute resolution process.

(3) Any mediation or other alternative dispute resolution process must be concluded not later than the 60th day after the first date that either the project sponsor or the department delegate requests dispute resolution under paragraph (2) of this subsection.

Source Note: The provisions of this §2.52 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941