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TITLE 22EXAMINING BOARDS
PART 18TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
CHAPTER 390PROCEDURES FOR THE NEGOTIATION AND MEDIATION OF CERTAIN BREACH OF CONTRACT CLAIMS ASSERTED BY CONTRACTORS AGAINST THE STATE OF TEXAS
SUBCHAPTER BNEGOTIATION OF CONTRACT DISPUTES
RULE §390.39Request for Contested Case Hearing

(a) If a claim for breach on contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the unit received the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §390.29(f) of this chapter (relating to Timetable), the contractor may file a request with the unit of state government for a contested case hearing before SOAH.

(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the chief administrative officer of the unit of state government or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §390.29(f) of this chapter.

(c) The unit of state government shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.

(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the unit of state government if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.


Source Note: The provisions of this §390.39 adopted to be effective March 9, 2004, 29 TexReg 2313

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