(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 on or before the 270th day
after the department receives the notice of claim, or after the expiration
of any extension agreed to by the parties pursuant to §51.208(f)
of this title (relating to Timetable), the contractor may file a request
with the department for a contested case hearing before 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 executive director of the department 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 pursuant
to §51.208(f) of this subchapter.
(c) The department shall forward the contractor's request
for contested case hearing to SOAH within a reasonable period of time,
not to exceed thirty days, after receipt of the request.
(d) The parties may agree to submit the case to SOAH
before the 270th day after the notice of claim is received by the
department 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.
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