| (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. The written notice must be
sent by:
(1) United States Mail, overnight delivery, or hand
delivery addressed to: Executive Director, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701; or
(2) email to contestedcase@txdot.gov.
(b) If a notice of appeal is timely delivered under
subsection (a) of this section, 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 mail to the contractor
a copy of the executive director's final order within five working
days after the date that the final order is signed.
(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.
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