(a) If a claim for breach of contract is not resolved in its entirety on or before the 270th Day after the Department receives the notice of claim, or after the expiration of any extension, the Contractor may file a request with the Department for a contested case hearing before SOAH in accordance with §2260.102 of the Texas Government Code.
(b) A request for a contested case hearing must state the legal and factual basis for the claim, request that the claim be referred to SOAH for a contested case hearing, and must be delivered within 30 Days after the 270th Day, or the expiration of any agreed extensions, to the Commissioner of the Department or the person designated in the contract to receive notice.
(c) If the parties reach an impasse in the negotiations and proceed to a contested case hearing because it would serve the interests of justice, the parties may agree to submit the case to SOAH before the 270th Day after the notice of claim is received by the Department to the extent that the claim or counterclaim, if any, remains unsolved.

Source Note: The provisions of this §732.125 adopted to be effective February 2, 2021, 46 TexReg 842