Texas Administrative Code

Texas Administrative Code

TITLE 40	SOCIAL SERVICES AND ASSISTANCE
PART 1	DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 7	DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER S	NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
DIVISION 1	GENERAL
RULE §7.902	Applicability

(a) This subchapter applies to the Texas Department of Mental Health and Mental Retardation (TDMHMR).

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

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

(d) This subchapter does not apply to contracts:

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

(2) between two or more units of state government;

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

(4) between a subcontractor and a contractor;

(5) subject to §201.112 of the Transportation Code;

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

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

(8) that are solely and entirely funded by federal grant monies other than for a project defined in §417.903.(10) of this title (relating to Definitions).

Source Note: The provisions of this §7.902 adopted to be effective February 22, 2001, 26 TexReg 1513; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841