Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.333 - Reconsideration of the Department's Noncompliance Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor or respondent may request an
				  administrative reconsideration of the determination made under §
										9.332
				  of this subchapter (relating to Determination of Noncompliance; Sanctions),
				  including any sanctions imposed, within 10 days after the date that notice of
				  the determination is sent to the respondent or within 30 days after the date
				  that the notice of the determination is sent to the contractor.
(b) If a request for reconsideration of a
				  determination is not filed within the period specified in subsection (a) of
				  this section, the determination made under §
										9.332
				  of this subchapter and any imposed sanction is final and further administrative
				  appeal is barred.
(c) A contractor
				  or respondent that requests administrative reconsideration of a determination
				  under subsection (a) of this section must provide with the request written
				  documentation or argument to support its position that the noncompliance
				  determination was made in error by the department.
(d) The executive director will appoint a
				  department employee to perform the administrative reconsideration of the
				  determination. The employee must hold a senior leadership position in the
				  department and report directly to the executive director. A person who took
				  part in the original determination is not eligible for appointment under this
				  subsection. The appointed employee will act as an administrative hearing
				  officer.
(e) The person appointed
				  under subsection (d) of this section will make the final reconsideration
				  decision. The sanctions to be imposed may be changed in the final
				  reconsideration decision.
(f)
				  Before making the final reconsideration decision, the person appointed under
				  subsection (d) of this section may decide that an in-person hearing is needed
				  to make a final reconsideration decision, in which event the person will act as
				  the administrative hearing officer. The department will contact the contractor
				  or respondent to schedule the in-person hearing. The hearing will be scheduled
				  for a date that is within 30 days after the date that the determination to hold
				  an in-person hearing is made. The hearing may be rescheduled at the request of
				  either party but must be rescheduled for a date that is within 15 days after
				  the date of the original in-person hearing if the contract has not been
				  awarded, or within 180 days after the date of the original in-person hearing
				  for all other situations.
(g) The
				  department will provide to the contractor or respondent a written decision that
				  explains the reconsideration decision and if the decision is a finding of
				  non-compliance, the basis for that finding.
(h) A reconsideration decision under
				  subsection (g) of this section, including sanctions imposed under that
				  decision, is final and further administrative appeal is barred.