(a) After DARS issues a decision on an appeal, the
appellant may submit in writing a request for reconsideration.
(b) An appellant may submit a request for reconsideration
only if the appellant's request for an appeal met the requirements
set out in §392.329 of this subchapter (relating to Appeals).
(c) Requests for reconsideration must be addressed
to the DARS commissioner and must be received by DARS within 20 days
after the date DARS issues the decision on the appeal.
(d) The DARS commissioner may designate a representative(s)
to receive the request for reconsideration and issue a decision on
behalf of DARS.
(e) The request for reconsideration must:
(1) clearly state that the purpose of the letter is
to request reconsideration of DARS' decision on an appeal;
(2) specifically point out any errors in the appeal
decision;
(3) specify all relief requested; and
(4) state all reasons why the relief should be granted.
(f) DARS issues a decision on the request for reconsideration
no later than 45 days after receipt of the request for reconsideration.
The decision may affirm, reverse, or modify the adverse action previously
imposed by DARS.
(g) The decision on the request for reconsideration
is the final decision of DARS. However, if the contractor believes
DARS breached the contract, the contractor may pursue further action
according to Government Code, Chapter 2260.
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