(a) If a claim of breach of contract is not resolved in its entirety through negotiation or mediation in accordance with this subchapter or Subchapter E on or before the 270th day after the Department receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §55.56(e), the contractor may file a request with the Department for a contested case hearing before State Office of Administrative Hearings (SOAH).     
      (b) A request for a contested case hearing must state the legal and factual basis for the claim and must be delivered to the Department within 90 days after the 270th day or the expiration of any written extension agreed to pursuant to §55.56(e).     
      (c) The Department shall forward the contractor's request for contested case hearing to the SOAH within a reasonable period of time, not to exceed 30 days, after receipt of the request. Referral of a request for hearing to SOAH does not constitute waiver by the Department of statutory or regulatory requirements for the notice of claim, the claim, or the request for hearing.     
      (d) The parties may agree to submit the case to the SOAH before the 270th day after the notice of claim is received by the Department 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.     
      (e) Contested case hearings shall be conducted in compliance with Texas Government Code, Chapter 2260, this subchapter, and the rules and procedures of the SOAH applicable to hearings on contract claims.     
      (f) Provisions of Chapter 60 of this title, regarding requests for and conduct of contested case hearings, do not apply to hearings conducted under this subchapter.     
     Source Note:        The provisions of this §55.61 adopted to be effective July 1, 2009, 34 TexReg 4323