Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS
Section 2.52 - Dispute Resolution Process

Universal Citation: 43 TX Admin Code § 2.52

Current through Reg. 50, No. 13; March 28, 2025

(a) Informal resolution. The project sponsor and department delegate will attempt to informally resolve any dispute concerning implementation of this subchapter before using other methods of dispute resolution. The informal dispute resolution procedures described in the project scope shall be implemented in accordance with the deadlines indicated in the project scope.

(b) Project sponsor is a department district or division. If a project sponsor is a department district or division, a dispute between the project sponsor and department delegate concerning implementation of this subchapter that cannot be resolved informally under subsection (a) of this section will be brought to the attention of and resolved by the department's executive director within 60 days after that date that the project sponsor or department delegate requests resolution.

(c) Project sponsor is a local government. If the project sponsor is a local government, disputes between the project sponsor and department delegate concerning implementation of this subchapter that cannot be resolved informally under subsection (a) of this section will be resolved according to the procedures set out in this subsection.

(1) The project sponsor and department delegate will ask their respective attorneys to meet and attempt to resolve the dispute.

(2) If the project sponsor's and department delegate's respective attorneys are unable to resolve the dispute, the project sponsor or department delegate may refer the dispute to mediation or other alternative dispute resolution process for resolution. The project sponsor and the department will share equally the expenses of the mediation or other alternative dispute resolution process.

(3) Any mediation or other alternative dispute resolution process must be concluded not later than the 60th day after the first date that either the project sponsor or the department delegate requests dispute resolution under paragraph (2) of this subsection.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.