| (a) If a contractor's claim and any counterclaim are not resolved
in their entirety through negotiation, mediation, or other assisted negotiation
process in accordance with this subchapter on or before the 270th day after
the agency receives the contractor's notice of claim, or after the expiration
of any extension to which the parties agree pursuant to §1.369 of this
title (relating to Timetable), then the contractor may file a request with
the agency for a contested case hearing before the State Office of Administrative
Hearings (SOAH).
(b) A request for a contested case hearing shall state the
legal and factual basis for the claim and be delivered to the comptroller
or agency officer who is designated in the contract to receive notice within
a reasonable time after the 270th day or the expiration of any extension to
which the parties have agreed pursuant to §1.369 of this title.
(c) The agency shall forward the contractor's request for contested
case hearing to SOAH within a reasonable period of time, not to exceed 30
days, after receipt of the request.
(d) The parties may agree to submit the case to SOAH before
the 270th day after the agency receives the contractor's notice of claim if
the parties have achieved a partial resolution of the claim and any counterclaim,
or if an impasse has occurred in the negotiations, and proceeding to a contested
case hearing would serve the interests of justice.
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