| (a) Alternative dispute resolution is available for
a dispute relating to the department unless a rule of the commission
provides an exclusive procedure to address that type of dispute or
specifically provides that alternative dispute resolution will not
be used for that type of dispute.
(b) The alternative dispute resolution procedure provided
under this subchapter is not applicable to:
(1) employee disputes, disciplinary actions, grievances,
and appeals, all of which are subject to the department's Human Resources
Manual;
(2) contract claims, which are subject to the procedures
provided by §9.1 or §9.2 of this title (relating to Contract
Claims under Government Code, Chapter 2260 or Contract Claim Procedure,
respectively);
(3) protests in connection with the solicitation, evaluation,
or award of a purchase of commodities or non-professional services
under the State Purchasing and General Services Act (Government Code,
Title 10, Subtitle D), which are subject to §9.3 of this title
(relating to Protest of Department Purchases under the State Purchasing
and General Services Act); or
(4) appeals, regardless of how denominated, that request
the review of decisions that are final or not reviewable under this
title or for which this title provides an exclusive appeals process.
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