Section 9.367 - Reconsideration of the Department's Noncompliance Determination(a) The contractor or respondent may request an administrative reconsideration of the determination made under § 9.366 of this subchapter (relating to Determination of Noncompliance), including the sanctions imposed, within 10 days after the date that notice is sent to the respondent or within 30 days after the date that the notice is sent to the contractor.(b) If a request for reconsideration of a determination is not filed within the period specified in subsection (a) of this section, the determination made under § 9.366 of this subchapter and any imposed sanction is final and further administrative appeal is barred.(c) A contractor or respondent that requests administrative reconsideration of a determination under subsection (a) of this section must provide with the request written documentation or argument to support its position that the noncompliance determination was made in error by the department.(d) The executive director will appoint a department employee to perform the administrative reconsideration of the determination. The employee must hold a senior leadership position in the department and report directly to the executive director. A person who took part in the original determination is not eligible for appointment under this subsection. The appointed employee will act as an administrative hearing officer.(e) The person appointed under subsection (d) of this section will make the final reconsideration decision. The sanctions to be imposed may be changed in the final reconsideration decision.(f) Before making the final reconsideration decision, the person appointed under subsection (d) of this section may decide that an in-person hearing is needed to make a final reconsideration decision, in which event the person will act as the administrative hearing officer. The department will contact the contractor or respondent to schedule the in-person hearing. The hearing will be scheduled for a date that is within 30 days after the date that the determination to hold an in-person hearing is made. The hearing may be rescheduled at the request of either party but must be rescheduled for a date that is within 15 days after the date of the original in-person hearing if the contract has not been awarded, or within 180 days after the date of the original in-person hearing for all other situations.(g) The department will provide to the contractor or respondent a written decision that explains the reconsideration decision and if the decision is a finding of non-compliance, the basis for that finding.(h) A reconsideration decision under subsection (g) of this section, including sanctions imposed under that decision, is final and further administrative appeal is barred.43 Tex. Admin. Code § 9.367
The provisions of this §9.367 adopted to be effective September 1, 2012, 37 TexReg 5320