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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 732CONTRACTED SERVICES
SUBCHAPTER NDISPUTE RESOLUTION
RULE §732.413What is the negotiation timetable?

(a) Following receipt of a contractor's notice of claim, the Commissioner of the Department or the Commissioner's designee will review the contractor's claim and the Department's counterclaim, if any, and initiate negotiations with the contractor in an attempt to resolve the claim and counterclaim.

(b) The parties will begin negotiations within a reasonable period of time, not to exceed 120 calendar days following the date the Department receives the contractor's notice of claim.

(c) The parties may conduct negotiations according to an agreed schedule as long as they complete the negotiations no later than the 270th calendar day after the Department receives the contractor's notice of claim, subject to one or more extensions agreed upon by the parties.

(d) The parties may agree in writing on or before the 270th calendar day after the Department receives the contractor's notice of claim to extend the time for negotiations. The agreement must be signed by representatives of the parties with authority to bind each respective party and must provide for the extension of the statutory negotiation period until a specified date. The parties may enter into a series of written extension agreements that comply with the requirements of this section.

(e) The contractor may request a contested case hearing before the State Office of Administrative Hearings on or before the 270th calendar day after the Department receives the contractor's notice of claim, or the expiration of any extension agreed to by the parties.

(f) The parties may agree to mediate the dispute at any time before the 270th calendar day after the Department receives the contractor's notice of claim or before the expiration of any extension agreed to by the parties.


Source Note: The provisions of this §732.413 adopted to be effective February 13, 2003, 28 TexReg 1229; amended to be effective March 1, 2011, 36 TexReg 591

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