| (a) A contractor may appeal an initial adverse action
rendered by the Agency under §858.9 of this chapter by hand delivery,
mail, common carrier, facsimile (fax) transmission, or other method
approved by the Agency in writing. A contractor shall only submit
an appeal by hand delivery, mail, or common carrier to the Agency
as directed on the Contractor Notice of Appeal Rights (VR 1309). An
appeal sent by unapproved methods or to a different address will not
be considered by the Agency as a valid appeal.
(b) The Agency's initial adverse action is final for
all purposes unless the contractor files an appeal not later than
28 calendar days after the date on which the initial adverse action
is mailed, sent by electronic mail, or sent by facsimile to the contractor.
The timeliness of an appeal is subject to the rules and procedures
set out in the Unemployment Insurance rules at 40 TAC Chapter 815,
except to the extent that such sections are clearly inapplicable or
contrary to provisions set out under these Chapter 858 rules or the
contract between the parties.
(c) To be considered, the appeal must include the following:
(1) A statement of facts describing how an Agency decision,
action, or inaction deviated from contract terms, published policy,
or state or federal laws or regulations;
(2) The contractor's claim, including pertinent contract
sections;
(3) A statement of the issue or issues in dispute;
(4) A brief statement about why the Agency's initial
adverse action is wrong;
(5) Copies of evidence or documentation supporting
the appeal; and
(6) The action requested.
(d) The contractor may supplement its appeal after
being perfected but before the Agency rendering a decision on the
merits.
(e) As part of the appeal, the contractor may also
request a meeting with the Agency. Whether a meeting will be granted
is at the Agency's discretion. The meeting request should include
a description of any special accommodations needed for the contractor,
witnesses, or representatives. At the meeting, the contractor may:
(1) be represented by an individual of the contractor's
selection; and
(2) present evidence and information to support the
contractor's position.
(f) The Agency will notify the contractor whether its
appeal has been perfected and has met the requirements in subsection
(c) of this section for consideration on its merits. If the appeal
does not meet the requirements, the appeal will be denied, and the
initial adverse action will be the Agency's final decision.
(g) An Agency appeal decision becomes final 14 days
after the date the appeal decision is mailed, unless the contractor
files a written request for reconsideration before that date.
|
| Source Note: The provisions of this §858.15 adopted to be effective June 17, 2015, 40 TexReg 3638; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective July 6, 2020, 45 TexReg 4532 |
