| (a) If a claim for breach of contract is not resolved
in its entirety on or before the 270th Day after the Department receives
the notice of claim, or after the expiration of any extension, the
Contractor may file a request with the Department for a contested
case hearing before SOAH in accordance with §2260.102 of the
Texas Government Code.
(b) A request for a contested case hearing must state
the legal and factual basis for the claim, request that the claim
be referred to SOAH for a contested case hearing, and must be delivered
within 30 Days after the 270th Day, or the expiration of any agreed
extensions, to the Commissioner of the Department or the person designated
in the contract to receive notice.
(c) If the parties reach an impasse in the negotiations
and proceed to a contested case hearing because it would serve the
interests of justice, the parties may agree to submit the case to
SOAH before the 270th Day after the notice of claim is received by
the Department to the extent that the claim or counterclaim, if any,
remains unsolved.
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