| (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 subchapter 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 §1.1809 of this subchapter (relating to
Timetable), the contractor may file a request with the department for a contested
case hearing before SOAH.
(b) A request for a contested case hearing shall state the
legal and factual basis for the claim, and shall be delivered to the commissioner
of the department 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 pursuant to §1.1809 of this subchapter.
(c) The department shall 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 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.
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