| (a) If the parties do not resolve a claim of breach
of contract in its entirety through negotiation or mediation in accordance
with this subchapter on or before the 270th day after the Land Office
receives the notice of claim, or after the expiration of any extension
agreed to by the parties pursuant to §3.67(f) of this subchapter
(relating to Timetable), the contractor may file a request with the
Land Office for a contested case hearing before SOAH.
(b) A request for a contested case hearing must.
(1) state the legal and factual basis for the claim.
(2) be delivered to the chief administrative officer
within a reasonable time after the 270th day after the Land Office
receives the notice of claim or the expiration of any written extension
agreed to pursuant to §3.67(f) of this subchapter; and
(3) request that the claim be referred to SOAH for
a contested case hearing.
(c) The Land Office must, within a reasonable period
of time not to exceed thirty days after receipt of the request, refer
the claim to SOAH for a contested case hearing under Chapter 2001,
Texas Government Code, as to the issues raised in the request.
(d) The parties may agree to submit the case to the
SOAH before the 270th day after the notice of claim is received by
the Land Office if they have achieved a partial resolution of the
claim or if they have reached an impasse in the negotiations and proceeding
to a contested case hearing would serve the interests of justice.
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