| (a) If a claim for breach of contract is not resolved in its
entirety through negotiation, mediation, or other assisted negotiation process,
in accordance with this chapter, by the 270th day after the board received
the contractor's written notice of claim, or by the expiration of any extension
agreed to by the parties pursuant to §380.24(f) of this chapter (relating
to Timetable), the contractor may file a written request with the board for
a contested case hearing, which will be held before the State Office of Administrative
Hearings (SOAH).
(b) A request for a contested case hearing shall state the
legal and factual basis for the claim, and shall be delivered to the board's
executive administrator and the board's general counsel by the 300th day after
the board received the contractor's written notice of claim unless the parties
have agreed to extend the negotiation period, in which case the written request
for a contested hearing shall be delivered by the 30th day following the end
of the agreed to extension period.
(c) The board shall forward the contractor's request for contested
case hearing to SOAH within 30 days of receiving the request.
(d) The parties may agree to submit the case to SOAH before
the 270th day after the notice of claim was received by the board if they
have achieved a partial resolution of the claim or if an impasse has been
reached and proceeding to a contested case hearing would serve the interests
of justice.
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