| (a) A contractor may file a request with the commission
for a contested case hearing before the State Office of Administrative
Hearings (SOAH) 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 subchapter 270 days from the date:
(1) the commission receives the notice of the claim;
or
(2) the expiration of any extension agreed to by the
parties in accordance with §27.89(f) of this title (relating
to Timetable),
(b) A request for a contested case hearing must state
the legal and factual basis for the claim, and must be delivered to
the chief administrative officer of the commission or other officer
designated in the contract to receive notice within a reasonable time
after the 270th day or the expiration of any written extension agreed
to in accordance with §27.89(f) of this title.
(c) The commission must forward the contractor's request
for contested case hearing to SOAH within a reasonable period of time,
not to exceed thirty days, after receipt of the request.
(d) The parties may agree to submit the case to SOAH
270 days from the date the notice of claim is received by the commission
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.
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