(a) If a claim for breach of 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 department
receives the notice of claim, or after the expiration of any extension agreed
to by the parties pursuant to §34.24(f) of this chapter (relating to
Timetable), the contractor may file a request for a contested case hearing
before SOAH. The claim shall be filed with the department.
(b) A request for a contested case hearing shall state the
legal and factual basis for the claim, and shall be delivered to the director
of the department or other officer designated in the contract to receive notice
within a reasonable time (not to exceed 30 days) after either the 270th day
or the expiration of any written extension agreed to pursuant to §34.24(f)
of this chapter (relating to Timetable).
(c) The department shall forward the contractor's request for
contested case hearing to SOAH within a reasonable period of time (not to
exceed 30 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 department 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 §34.29 adopted to be effective February 6, 2001, 26 TexReg 1170