(a) If a claim for breach of contract is not resolved in its entirety on or before the 270th day after the agency receives the notice of claim, or after the expiration of any extension, the contractor may file a request with the agency for a contested case hearing before 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 agency's chief administrative officer, his designee, or the person designated in the contract to receive notice, within 30 days after the 270th day or the expiration of any agreed extensions.
(c) The agency shall forward the contractor's request for a contested case hearing to SOAH within thirty days after receipt of the request.
(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the agency if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.

Source Note: The provisions of this §456.13 adopted to be effective June 5, 2008, 33 TexReg 4344