(a) Alternative dispute resolution is available for a dispute relating to the department unless a rule of the commission provides an exclusive procedure to address that type of dispute or specifically provides that alternative dispute resolution will not be used for that type of dispute.     
      (b) The alternative dispute resolution procedure provided under this subchapter is not applicable to:      
        (1) employee disputes, disciplinary actions, grievances, and appeals, all of which are subject to the department's Human Resources Manual;       
        (2) contract claims, which are subject to the procedures provided by §9.1 or §9.2 of this title (relating to Contract Claims under Government Code, Chapter 2260 or Contract Claim Procedure, respectively);       
        (3) protests in connection with the solicitation, evaluation, or award of a purchase of commodities or non-professional services under the State Purchasing and General Services Act (Government Code, Title 10, Subtitle D), which are subject to §9.3 of this title (relating to Protest of Department Purchases under the State Purchasing and General Services Act); or       
        (4) appeals, regardless of how denominated, that request the review of decisions that are final or not reviewable under this title or for which this title provides an exclusive appeals process.       
     Source Note:        The provisions of this §1.106 adopted to be effective November 15, 2012, 37 TexReg 8976