16 Tex. Admin. Code § 403.208
Current through Register Vol. 49, No. 48, November 29, 2024
Section 403.208 - Timetable(a) Following receipt of a contractor's notice of claim, the Commission's executive director or the executive director's designated representative(s) shall review the contractor's claim(s) and the counterclaim(s), if any, and initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim(s).(b) The parties shall begin negotiations not later than the 120th day after the date the Commission receives a contractor's notice of claim.(c) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadline set forth in subsection (b) of this section.(d) Subject to subsection (e) of this section, the parties shall complete the negotiations that are required by this chapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the Commission receives the contractor's notice of claim.(e) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the Commission receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(f) The contractor may request a contested case hearing before the State Office of Administrative Hearings ("SOAH") pursuant to § RSA 403.213 of this title (relating to Request for Contested Case Hearing) after the 270th day after the Commission receives the contractor's notice of claim, or the expiration of any extension agreed to under subsection (e) of this section.(g) The parties may agree to mediate the dispute at any time before the 120th day after the date the claim is filed with the Commission and before the expiration of any extension agreed to by the parties pursuant to subsection (e) of this section.(h) Nothing in this section is intended to prevent the parties from agreeing to commence negotiations earlier than the deadline established in subsection (b) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH.16 Tex. Admin. Code § 403.208
The provisions of this §403.208 adopted to be effective October 2, 2000, 25 TexReg 9953; amended to be effective November 9, 2011, 36 TexReg 7555