| (7) Each party is responsible for its own costs incurred
in connection with the mediation, including costs of document reproduction
for documents requested by such party, attorney's fees, and consultant
or expert fees. The costs of the mediation process itself are divided
equally between the parties.
(g) Settlement Agreement.
(1) A settlement agreement reached as a result of negotiation
or mediation that resolves an entire claim or counterclaim or any
designated and severable portion of a claim or counterclaim must be
in writing and signed by the representatives of the contractor and
TJJD who have authority to bind each respective party.
(2) If the settlement agreement does not resolve all
issues raised by the claim and counterclaim, the agreement must identify
the issues that are not resolved.
(3) A partial settlement does not waive a contractor's
rights under Texas Government Code Chapter 2260, as to the parts of
the claim that are not resolved.
(h) Referral to the State Office of Administrative
Hearings.
(1) The contractor may request a contested case hearing
before SOAH after the 270th day after TJJD receives the contractor's
notice of claim or the expiration of any written extension.
(2) If a claim for breach of contract is not resolved
in its entirety through negotiation or mediation in accordance with
this rule on or before the 270th day after TJJD receives notice of
claim, or after the expiration of any written extension agreed to
by the parties, the contractor may file a request with TJJD for a
contested case hearing before SOAH.
(3) A request for a contested case hearing must state
the legal and factual basis for the claim, and must be delivered to
the executive director of TJJD or other officer designated in the
contract to receive notice within a reasonable time after the 270th
day or the expiration of any written extension agreed to by the parties.
(4) TJJD forwards the contractor's request for a contested
case hearing to SOAH within a reasonable period of time, not to exceed
30 days after receipt of the request.
(5) The parties may agree to submit the case to SOAH
before the 270th day after the notice of claim is received by TJJD
if they have achieved a partial resolution of the claim or if an impasse
has been reached in the negotiations and proceeding to a contested
case hearing would serve the interests of justice.
|
| Source Note: The provisions of this §385.1111 adopted to be effective July 15, 2011, 36 TexReg 4416; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5440 |
