Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION
Subchapter B - NEGOTIATION OF CONTRACT DISPUTES
Section 380.29 - Request for Contested Case Hearing

(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.