Texas Administrative Code
Title 19 - EDUCATION
Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1 - AGENCY ADMINISTRATION
Subchapter B - DISPUTE RESOLUTION
Section 1.24 - Mandatory Contents of a Petition for Contested Case Status
Universal Citation: 19 TX Admin Code ยง 1.24
Current through Reg. 49, No. 38; September 20, 2024
(a) A petition for contested case status in any matter in which statutes or rules give a party the right to a hearing, shall contain the following:
(1) For a
contract dispute:
(A) an explanation of the
nature of the alleged breach of contract, including the date of the event that
the contractor asserts as the basis of the claim, and each contractual
provision allegedly breached;
(B) a
description of damages that resulted from the alleged breach, including the
amount and method used to calculate those damages; and
(C) the legal theory of recovery, i.e.,
breach of contract, including the causal relationship between the alleged
breach and the damages claimed.
(D)
In addition to the mandatory contents of the notice of claim as required
herein, the contractor may submit supporting documentation or other tangible
evidence to facilitate the agency's evaluation of the contractor's
claim.
(E) The following types of
contracts shall not be subject to the provisions herein. A petition for
contested case status in a contract dispute must contain sufficient
identification of the parties and the nature of the dispute to allow the agency
to determine that the basis of the claim is not an action of the Board for
which the contractor is entitled to a specific remedy pursuant to state or
federal constitution or statute, or that the dispute is regarding a contract:
(i) between the Board and the federal
government or its agencies, another state or another nation;
(ii) between the Board and two or more units
of state government;
(iii) between
the Board and a local governmental body, or a political subdivision of another
state;
(iv) between a subcontractor
and a contractor;
(v) subject to
§
201.112 of the
Transportation Code;
(vi) within
the exclusive jurisdiction of state or local regulatory bodies;
(vii) within the exclusive jurisdiction of
federal courts or regulatory bodies; or
(2) The petition must contain the signature
of the contractor or the contractor's authorized representative.
(b) In all types of contested cases other than contract disputes:
(1) a
description of the determination, decision, order, ruling, or failure to act
that is being complained of;
(2)
the date of the determination, decision, order, ruling, or failure to
act;
(3) a statement of the facts
of which petitioner is aware and which he or she believes to be true, that
would lead to a reasonable conclusion that petitioner is entitled to the relief
sought;
(4) the specific statute or
rule which the petitioner believes entitles him or her to request a contested
case status;
(5) a description of
the action that the petitioner wants the Board to take on the petitioner's
behalf; and
(6) the signature of
the petitioner, or the petitioner's authorized representative.
(7) Nothing in this section requires that the
petitioner plead in his or her petition all evidence that he or she may rely
upon in a formal contested case hearing. However, all issues that the
petitioner intends to raise in a formal contested case hearing must be
sufficiently pled in the petition to put the respondent on notice of the nature
of the complaint.
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