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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 1CENTRAL ADMINISTRATION
SUBCHAPTER FNEGOTIATION AND MEDIATION OF CONTRACT DISPUTES
RULE §1.361Applicability

(a) This subchapter does not apply to an action of the agency for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.

(b) This subchapter does not apply to a contract action proposed or taken by the agency for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with the Government Code, Chapter 2001.

(c) This subchapter does not apply to contracts:

  (1) between the agency and the federal government or its agencies, another state or another nation;

  (2) between the agency and one or more agencies of state government;

  (3) between the agency and a local governmental body, or a political subdivision of another state;

  (4) between a subcontractor and a contractor;

  (5) that are subject to Transportation Code, §201.112;

  (6) that are within the exclusive jurisdiction of state or local regulatory bodies;

  (7) that are within the exclusive jurisdiction of federal courts or regulatory bodies; or

  (8) that are solely and entirely funded by federal grant monies, other than contracts for a project that is defined in §1.362(10) of this title (relating to Definitions).


Source Note: The provisions of this §1.361 adopted to be effective November 29, 2001, 26 TexReg 9631

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