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RULE §9.25Appeal of Remedial Action

(a) A remedial action taken under §9.24 of this subchapter (relating to the Performance Review Committee and Actions) may be appealed by delivering to the executive director a written notice of appeal within 15 working days after the effective date of the action as specified in its notice.

(b) If a notice of appeal is timely delivered under subsection (a) of this section:

  (1) the remedial action is automatically stayed beginning on the date that the department receives the notice of appeal until the time that a final order is entered by the executive director under subsection (d) of this section; and

  (2) the contractor will be given the opportunity for an informal hearing before the executive director.

(c) If the contractor chooses to have an informal hearing, the executive director will set a time for the hearing at the executive director's earliest convenience and will set the time allowed for oral presentations and written documents presented by the contractor.

(d) If an appeal to the executive director is not timely requested under this section, the executive director will issue a final order on the remedial action when the deadline for requesting an appeal has passed. If an appeal is timely requested, the executive director will issue a final order based on the executive director's decision of the appeal. The executive director will notify the contractor in writing of the executive director's appeal decision within five working days after the date that the decision is made.

(e) A final order issued by the executive director under subsection (d) of this section is not subject to judicial review, except as required by law.

Source Note: The provisions of this §9.25 adopted to be effective September 19, 2018, 43 TexReg 5996

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