Authority/Reference(s) Texas Government Code, §2260
Revision Date March 1, 2020

POLICY

When parties are unable to resolve any claims, the contractor may request a contested case hearing before a State Office Administrative Judge at a State Office Administrative Hearing (SOAH) after the 270th day after DFPS receives the contractor's notice of claim, or the expiration of any extension agreed to by the parties.

The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by DFPS, if the parties have achieved a partial resolution of the claim and counterclaim (if any), and if a deadlock has been reached in the negotiations, and if proceeding to a contested case hearing would serve the interests of justice.

A contractor's request for a contested case hearing must state the legal and factual basis for the claim and shall be delivered to DFPS.