Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 732 - CONTRACTED SERVICES
Subchapter A - DISPUTE RESOLUTION
Section 732.111 - Department Counterclaims
Universal Citation: 40 TX Admin Code ยง 732.111
Current through Reg. 49, No. 38; September 20, 2024
(a) The Department may assert a counterclaim under Chapter 2260 of the Government Code, as provided in this section. The counterclaim must be:
(1) in writing; and
(2) delivered by hand, certified mail return
receipt requested, or other verifiable delivery service to the Contractor or
the representative of the Contractor who signed the notice of claim of breach
of contract.
(b) The notice must state in detail:
(1) the nature
of the counterclaim;
(2) a
description of damages or offsets sought, including the amount and method used
to calculate those damages or offsets; and
(3) the legal theory supporting the
counterclaim.
(c) The notice of counterclaim must be delivered to the Contractor no later than the 60th Day after the Department's receipt of the Contractor's notice of claim.
(d) Nothing in this subchapter precludes the Department from initiating a lawsuit for damages against the Contractor in a court of competent jurisdiction.
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