reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 18 - UNDERGROUND PIPELINE DAMAGE PREVENTION › Section 18.5 - Operator and Excavator Obligations with Respect to Positive Response

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon being
				contacted by the notification system, an operator shall provide a positive
				response within the time frames specified in Texas Utilities Code, Chapter 251,
				by either:
(1) marking the operator's
				underground pipelines in accordance with the requirements of Texas Utilities
				Code, Chapter 251, and this chapter; or
(2) notifying the excavator that the operator
				has no underground pipelines in the vicinity of the proposed excavation area.
				The operator shall provide this "all clear" or "no conflict" notice using the
				method or methods that the excavator specified in accordance with §
										RSA
				18.3 of this title, relating to Excavator
				Notice to Notification Center.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 18 - UNDERGROUND PIPELINE DAMAGE PREVENTION › Section 18.6 - General Marking Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) At
				a minimum, all markings shall conform to the requirements of American Public
				Works Association (APWA) Uniform Color Code (ANSI Standard Z535.1, Safety Color
				Code).
(b) Markings shall be valid
				for an excavation site for 14 days from the time a positive response is given,
				unless the markings were placed in response to an emergency and the emergency
				condition has ceased to exist. If a line locate ticket has been refreshed
				pursuant to §
									RSA
				18.3<subdiv>(e)</subdiv> of this
				title, relating to Excavator Notice to Notification Center, then the operator
				shall either ensure that markings are still visible and valid or shall
				re-mark.
(c) If the use of line
				marking may permanently damage property (driveways, landscaping, historic
				locations to the extent boundaries are known), a locator shall use spot marking
				or another suitable marking method or methods.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 18 - UNDERGROUND PIPELINE DAMAGE PREVENTION › Section 18.7 - Excavator Marking Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Prior to giving notice pursuant to §
									RSA
				18.3 of this title, relating to Excavator
				Notice to Notification Center, an excavator shall mark, if applicable according
				to §18.3(c), the specific excavation area using white paint flags, or
				stakes, whichever is most visible for the terrain.
(b) An excavator shall mark the area of
				excavation using intervals that show the direction of the excavation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 18 - UNDERGROUND PIPELINE DAMAGE PREVENTION › Section 18.8 - Operator Marking Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				locator shall use all information necessary to mark underground pipelines
				accurately.
(b) Locators shall mark
				the approximate center line of an underground pipeline.
(c) If, in the process of marking an
				underground pipeline, a locator discovers a customer-owned underground
				pipeline, the locator shall make a reasonable effort to advise the excavator of
				the presence of the customer-owned underground pipeline.
(d) Where a proposed excavation crosses an
				underground pipeline, markings shall be at intervals that clearly define the
				route of the underground pipeline, to the extent possible.
(e) A locator shall mark underground
				pipelines by means of stakes, paint, flags, or a combination of two or more of
				these. The terrain, site conditions, and type and extent of the proposed
				excavation shall be considered in determining the most suitable means for
				marking underground pipelines.
(f)
				A locator shall mark at sufficient intervals to indicate clearly the
				approximate horizontal location and direction of the underground pipeline or
				pipelines. The distance between any two marks indicating the same line shall
				not exceed 20 feet; however, a shorter distance between marks may be necessary
				because of site conditions or directional changes of the underground
				pipeline.
(g) Markings of an
				underground pipeline greater than six inches in nominal outside dimension shall
				include the size in inches at every other mark.
(h) A locator shall extend all markings, if
				practical, at least one additional mark beyond the boundaries of the specific
				location of the proposed work as detailed on the line locate ticket.
(i) A locator shall make paint marks
				approximately eight to ten inches in length and one to two inches in width
				except when spot marking is necessary. A locator shall make a minimum of three
				separate marks for each underground pipeline marking.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 18 - UNDERGROUND PIPELINE DAMAGE PREVENTION › Section 18.9 - Options for Managing an Excavation Site in the Vicinity of an Underground Pipeline

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				complying with the notice requirements of §
									RSA
				18.3 of this title, relating to Excavator
				Notice to Notification Center, an excavator and an operator may jointly
				establish the protocols applicable to an excavation site in the vicinity of
				underground pipelines based on the particular characteristics of each job. The
				protocols applicable to an excavation site may:
(1) designate the contact person or persons
				for each entity working at an excavation site;
(2) establish the required mode or modes of
				communication among all entities working at an excavation site, e.g., telephone
				or other electronic means or face-to-face meetings at prescribed times or
				intervals;
(3) provide the method
				for coordinating work activities among all entities working at an excavation
				site;
(4) provide for the ownership
				and/or possession of the locate ticket or tickets;
(5) declare which entity or entities must
				have the locate ticket or locate ticket number before beginning work;
(6) state the life of a locate ticket and the
				circumstances that require refreshing the locate ticket;
(7) state the schedule of work on the
				excavation and, if applicable, the chronological order in which applicable
				locate tickets are to be located;
(8) designate the extent of the tolerance
				zone, provided that it shall not be less than half the nominal diameter of the
				underground pipeline plus a minimum of 18 inches on either side of the outside
				edge of the underground pipeline on a horizontal plane and the type of
				excavation permitted within the tolerance zone; and
(9) provide for any other agreement with
				respect to excavation activities and/or marking requirements that will or will
				tend to ensure the proper and safe excavation in the vicinity of an underground
				pipeline.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 18 - UNDERGROUND PIPELINE DAMAGE PREVENTION › Section 18.10 - Excavation within Tolerance Zone

Current through Reg. 49, No. 28; July 12, 2024
(a) An excavator shall comply with the
				requirements of Texas Health & Safety Code, Subchapter H, relating to
				Construction Affecting Pipeline Easements and Rights-of-Way.
(b) When excavation is to take place within
				the specified tolerance zone, an excavator shall exercise such reasonable care
				as may be necessary to prevent damage to any underground pipeline in or near
				the excavation area. Methods to consider, based on certain climate or
				geographical conditions, include hand digging when practical, soft digging,
				vacuum excavation methods, pneumatic hand tools. Other mechanical methods or
				other technical methods that may be developed may be used with the approval of
				the underground pipeline operator. Hand digging and non-invasive methods are
				not required for pavement removal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 18 - UNDERGROUND PIPELINE DAMAGE PREVENTION › Section 18.11 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				operator of an underground pipeline shall report to the Commission all damage
				to its pipelines caused by an excavator. Within 30 days of the damage incident
				or of the operator's actual knowledge of the damage incident, an operator shall
				submit the information to the Commission through TDRF, which may be accessed
				through the Commission's online reporting system using its assigned operator
				identification code.
(b) Each
				excavator that damages an underground pipeline shall notify the operator of the
				damage through the notification center at the earliest practical moment but not
				later than one hour following the damage incident. The excavator shall also
				submit report of the damage incident to the Commission using TDRF, which may be
				accessed through the Commission's online reporting system and the excavator
				sign-in, within 30 days of the incident.
(c) If damage to a pipeline from excavation
				activity causes the release of any flammable, toxic, or corrosive gas,
				hazardous liquid, or carbon dioxide from the pipeline, the excavator shall
				promptly report the release to appropriate emergency response authorities by
				calling 911.
(d) Each excavator
				that makes an additional call to the notification center pursuant to §
									RSA
				18.4<subdiv>(e)</subdiv> of this
				title, relating to Excavator Obligation to Avoid Damage to Underground
				Pipelines, because the excavator did not receive a positive response, shall
				report that fact to the Commission through TDRF. An excavator shall also report
				an operator's failure to provide a positive response to a second call to the
				Commission through TDRF.
(e) An
				emergency response official, a member of the general public, or another person
				aware of damage to an underground pipeline is encouraged to submit an incident
				form using TDRF, which can be accessed through the Commission's online
				reporting system. Entries can be made through the general public or emergency
				response official sign-in.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 1 - BID PROTESTS, HUBS, AND BID OPENINGS › Section 20.1 - Procedures for Filing and Resolving Protests of a Contract Solicitation or Award

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
					 The following words and terms, when used in this section, shall have the
					 following meanings, unless the context clearly indicates otherwise:
(1) Appeal determination letter--The DFA's
					 written decision on an appeal of a director's protest determination.
(2) Appeal file--The protest file, the
					 appellant's written appeal, any comments filed by other interested parties, any
					 information or recommendation prepared by the General Counsel, and the DFA's
					 appeal determination letter.
(3)
					 Appellant--A protestant or interested party who is aggrieved by a director's
					 protest determination.
(4)
					 Certified mail--A mailing made using United States Postal Service certified
					 mail service, including return receipt requested.
(5) Commission--The Railroad Commission of
					 Texas.
(6) Day--A day that is not a
					 Saturday, Sunday, or Commission holiday.
(7) DFA--The Director of Finance and
					 Administration or the DFA's delegate.
(8) Director--The Director of Finance or the
					 director's delegate.
(9) General
					 Counsel--The General Counsel of the Commission or the General Counsel's
					 delegate.
(10) Interested party--A
					 vendor, other than the protestant, who has submitted a bid or proposal for the
					 contract that is the subject of a protest and who submits information,
					 comments, or otherwise participates in a protest inquiry.
(11) Other vendor--A vendor, other than the
					 protestant, who has submitted a bid or proposal for the contract that is the
					 subject of a protest.
(12) Protest
					 determination letter--The director's written decision on a protest.
(13) Protest file--All documents pertaining
					 to a protest including the protestant's written protest; the director's notice
					 to other vendors; vendors' comments filed with the director; notes, memoranda,
					 and information compiled by the director in connection with a protest; and the
					 director's protest determination letter.
(14) Protestant--Any actual or prospective
					 bidder, offeror, or contractor aggrieved in connection with the Commission's
					 solicitation, evaluation, or award of a contract.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 1 - BID PROTESTS, HUBS, AND BID OPENINGS › Section 20.5 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission adopts by reference the
					 rules of the Texas Building and Procurement Commission in 1 TAC Chapter 111,
					 Subchapter B, concerning historically underutilized business program, as
					 effective on the following dates:
(1)
												§111.11, Policy and Purpose, amended effective May 5, 2003;
(2)
												§111.12, Definitions, amended
					 effective May 5, 2003;
(3)
												§111.13, Annual Procurement Utilization Goals, amended effective April 19,
					 2000;
(4)
												§111.14,
					 Subcontracts, adopted effective September 1, 2004;
(5)
												§111.15, Agency Planning
					 Responsibilities, amended effective February 16, 2000;
(6)
												§111.16, State Agency Reporting
					 Requirements, amended effective June 13, 2000;
(7)
												§111.17, Certification Process,
					 amended effective May 5, 2003;
(8)
												§111.18, Protests, adopted effective October 4, 1995;
(9)
												§111.19, Recertification, amended
					 effective May 5, 2003;
(10)
												§111.20, Revocation, amended effective May 5, 2003;
(11)
												§111.21, Certification and
					 Compliance Reviews, amended effective December 7, 1997;
(12)
												§111.22, Texas Historically
					 Underutilized Business Certification Directory, amended effective February 16,
					 2000;
(13)
												§111.24, Program
					 Review, amended effective February 16, 2000;
(14)
												§111.25, Memorandum of
					 Understanding between the Texas Department of Economic Development and the
					 Texas Building and Procurement Commission, adopted effective May 5,
					 2003;
(15)
												§111.26, HUB
					 Coordinator Responsibilities, adopted effective April 19, 2000;
(16)
												§111.27, HUB Forum Program for
					 State Agencies, amended effective November 9, 2004; and
(17)
												§111.28, Mentor Protege Program,
					 amended effective May 8, 2002.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 1 - BID PROTESTS, HUBS, AND BID OPENINGS › Section 20.10 - Bid Opening and Tabulation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Commission adopts by reference the practices of the Texas Building and
					 Procurement Commission (formerly the General Services Commission) found in 1
					 Texas Administrative Code § 113.5(b), relating to Bid Submission, Bid
					 Opening and Tabulation, as that section was adopted effective September 11,
					 2000, and published at 25 TexReg 8848.
(b) Texas Government Code, §
											RSA
					 2156.005<subdiv>(d)</subdiv>,
					 requires the Commission to adopt the rules of the Texas Building and
					 Procurement Commission related to bid opening and tabulation.
(c) Copies of the rule (1 Texas
					 Administrative Code §113.5, relating to Bid Submission, Bid Opening and
					 Tabulation, as that section was adopted effective September 11, 2000, and
					 published at 25 TexReg 8848) are on file and available for public inspection
					 and copying in the Library of the Railroad Commission of Texas, located on the
					 12th floor of the William B. Travis Building at 1701 N. Congress, Austin, Texas
					 78701, and at all Commission' district offices.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.21 - Informal Procedures Encouraged

Current through Reg. 49, No. 28; July 12, 2024
The parties to a contract are encouraged to resolve any
						disagreement concerning the contract in the ordinary course of contract
						administration using informal procedures.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.23 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The rules in this division do not apply to:
(1) an action of the Commission for which a
					 contractor is entitled to a specific remedy pursuant to state or federal
					 constitution or statute;
(2)
					 contracts between the Commission and the federal government or its agencies,
					 another state or another nation;
(3) contracts between the Commission and a
					 local governmental body, or a political subdivision of another state;
(4) contracts between a subcontractor and a
					 contractor, when neither the contractor or the subcontractor is the
					 Commission;
(5) contracts within
					 the exclusive jurisdiction of state or local regulatory bodies other than the
					 Commission; or
(6) contracts within
					 the exclusive jurisdiction of federal courts or regulatory bodies.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.25 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, shall have the following meanings, unless the context clearly
						indicates otherwise:
(1)
					 Commission--The Railroad Commission of Texas.
(2) Contractor--An independent contractor who
					 has entered into a contract directly with the Commission. The term does not
					 include:
(A) a contractor's subcontractor,
					 officer, employee, agent or other person furnishing goods or services to the
					 contractor;
(B) an employee of a
					 unit of state government; or
(C) a
					 student at an institution of higher education.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.27 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in the rules in this division
						are exclusive and required prerequisites to suit under Texas Civil Practice and
						Remedies Code, Chapter 107, and Texas Government Code, Chapter
						2260.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.29 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
The rules in this division do not waive the Commission's
						sovereign immunity to suit or liability.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.31 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor may not assert a claim of
					 breach of contract by the Commission under Texas Government Code, Chapter 2260,
					 unless the contractor complies with each of the following requirements:
(1) the contractor shall deliver a written
					 notice of the claim to the Director by hand, certified mail return receipt
					 requested, or other verifiable delivery service;
(2) the contractor or the contractor's
					 authorized representative shall sign the notice.
(3) The written notice shall state in detail:
(A) the nature of the alleged breach of
					 contract, including the date of the event that the contractor asserts as the
					 basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
					 from the alleged breach, including the amount and method used to calculate
					 those damages; and
(C) the legal
					 theory of recovery, i.e., breach of contract, including the causal relationship
					 between the alleged breach and the damages claimed; and
(4) The contractor shall deliver the notice
					 of claim no later than 180 days after the date of the event that the contractor
					 asserts as the basis of the claim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.33 - Commission Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 the Commission asserts a counterclaim under Texas Government Code, Chapter
					 2260, it shall deliver a written notice of the claim to the contractor, or
					 representative of the contractor who signed the notice of claim of breach of
					 contract, by hand, certified mail return receipt requested, or other verifiable
					 delivery service.
(b) The notice of
					 counterclaim shall state in detail:
(1) the
					 nature of the counterclaim;
(2) a
					 description of damages or offsets sought, including the amount and method used
					 to calculate those damages or offsets; and
(3) the legal theory supporting the
					 counterclaim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.35 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing
					 of a claim or counterclaim, either party may request to review and copy
					 information in the possession or custody or subject to the control of the other
					 party that pertains to the contract claimed to have been breached, including,
					 without limitation:
(1) accounting
					 records;
(2) correspondence,
					 including, without limitation, correspondence between the Commission and
					 outside consultants it utilized in administering the contract, and
					 correspondence between the contractor and its subcontractors, materialmen, and
					 vendors;
(3) schedules;
(4) internal memoranda;
(5) documents created by the contractor in
					 preparing its offer to the Commission and documents created by the Commission
					 in analyzing the offers it received in response to a solicitation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.37 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
						timetable set forth in §20.39 of this division (relating to Timetable) to
						attempt to resolve all claims and counterclaims. No party shall be obligated to
						settle with another party as a result of the negotiation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.39 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
					 receipt of a contractor's notice of claim, the Director or, if designated in
					 the contract, another officer or employee of the Commission, shall review the
					 contractor's claim and the Commission's counterclaim, if any, and initiate
					 negotiations with the contractor to attempt to resolve the claim and
					 counterclaim.
(b) Except as noted
					 in subsection (c) of this section, the parties shall begin negotiations within
					 a reasonable period of time, not to exceed 60 days following the later of:
(1) the date of termination of the
					 contract;
(2) the completion date
					 in the contract; or
(3) the date
					 the Commission receives the contractor's notice of claim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.41 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties
					 may conduct a negotiation under the rules of this division by any method,
					 technique, or procedure authorized under the contract or agreed upon by the
					 parties, including, without limitation, negotiation in person, by telephone, by
					 correspondence, by video conference, or by any other method that permits the
					 parties to identify their respective positions, discuss their respective
					 differences, confer with their respective advisers, exchange offers of
					 settlement, and settle.
(b) The
					 parties may conduct negotiations with the assistance of one or more neutral
					 third parties. If the parties choose to mediate their dispute, the mediation
					 shall be conducted in accordance with the rules in this division. Parties may
					 choose an assisted negotiation process other than mediation, including without
					 limitation, processes described in this division.
(c) To facilitate the meaningful evaluation
					 and negotiation of the claim and any counterclaim, the parties may exchange
					 relevant documents that support their respective claims, defenses,
					 counterclaims, or positions.
(d)
					 Material submitted pursuant to this section and claimed to be confidential by
					 the contractor shall be handled pursuant to the requirements of Texas
					 Government Code, Chapter 552.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.43 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties shall disclose their settlement approval
						procedures prior to, or at the beginning of, negotiations. The parties should
						select negotiators who are knowledgeable about the subject matter of the
						dispute, who are in a position to reach agreement, and who can credibly
						recommend approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.45 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 settlement agreement may resolve an entire claim or any designated and
					 severable portion of a claim.
(b)
					 To be enforceable, a settlement agreement shall be in writing and signed by
					 representatives of the contractor and the Commission who have authority to bind
					 each respective party.
(c) A
					 partial settlement shall not waive either party's rights under Texas Government
					 Code, Chapter 2260, as to the parts of the claims or counterclaims that are not
					 resolved.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.47 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
						responsible for its own costs incurred in connection with a negotiation,
						including, without limitation, the costs of consultant's fees and expert's
						fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.49 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the parties do not resolve a claim for
					 breach of contract in its entirety through negotiation, mediation, or other
					 assisted negotiation process in accordance with the rules in this division on
					 or before the 270th day after the Commission receives the notice of claim, and
					 after the expiration of any extension agreed to by the parties pursuant to
					 §20.39(f) of this division (relating to Timetable), the contractor may
					 file a request with the Commission for a contested case hearing before
					 SOAH.
(b) A request for a contested
					 case hearing shall be in writing and shall state the legal and factual basis
					 for the claim, and shall be delivered to the Director within 30 days after the
					 270th day or the expiration of any written extension agreed to pursuant to
					 §20.39(f) of this division.
(c) The Commission shall forward the
					 contractor's request for contested case hearing to SOAH within a reasonable
					 period of time, not to exceed 30 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
					 Commission if they have achieved a partial resolution of the claim or if they
					 have reached an impasse in the negotiations and proceeding to a contested case
					 hearing would serve the interests of justice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.51 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 contractor and Commission may agree to mediate the dispute at any time before
					 the 270th day after the Commission receives a notice of claim of breach of
					 contract, or before the expiration of any extension agreed to by the parties in
					 writing.
(b) A contractor and the
					 Commission may mediate the dispute even after the case has been referred to
					 SOAH for a contested case. SOAH may also refer a contested case for mediation
					 pursuant to its own rules and guidelines, whether or not the parties have
					 previously attempted mediation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.53 - Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediator
					 shall not impose his or her own judgment on the issues for that of the parties.
					 The mediator shall be acceptable to both parties.
(b) The mediation is subject to the
					 provisions of Texas Government Code, Chapter 2009, the Governmental Dispute
					 Resolution Act.
(c) To facilitate a
					 meaningful opportunity for settlement, the parties should select
					 representatives who are knowledgeable about the dispute, who are in a position
					 to reach agreement, or who can credibly recommend approval of an
					 agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.55 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties may
					 agree to use mediation as an option to resolve a breach of contract claim at
					 the time they enter into the contract and include a contractual provision to do
					 so. The parties may mediate a breach of contract claim even absent a
					 contractual provision to do so if both parties agree.
(b) The parties should consider the following
					 factors in any agreement to mediate:
(1) The
					 source of the mediator. Potential sources of mediators include governmental
					 officers or employees who are qualified as mediators under Texas Civil Practice
					 and Remedies Code, §
												RSA
					 154.052; private mediators; SOAH; the Center
					 for Public Policy Dispute Resolution at The University of Texas School of Law;
					 an alternative dispute resolution system created under Texas Civil Practice and
					 Remedies Code, Chapter 152; or another state or federal agency or through a
					 pooling agreement with several state agencies. Before naming a mediator source
					 in a contract, the parties shall contact the mediator source to be sure that it
					 is willing to serve in that capacity. In selecting a mediator, the parties
					 shall use the qualifications set forth in §
												RSA
					 20.57 of this title (relating to
					 Qualifications and Immunity of the Mediator).
(2) The time period for the mediation. The
					 parties shall allow enough time in which to make arrangements with the mediator
					 and parties to schedule the mediation, to attend and participate in the
					 mediation, and to complete any settlement approval procedures necessary to
					 achieve final settlement.
(3) The
					 location of the mediation.
(4)
					 Allocation of costs of the mediator.
(5) The names of representatives who will
					 attend the mediation on behalf of the parties by name or position within the
					 Commission or contracting entity.
(6) The settlement approval process in the
					 event the parties reach agreement at the mediation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.57 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) The mediator shall possess the
					 qualifications required under Texas Civil Practice and Remedies Code, §
											RSA
					 154.052, be subject to the standards and
					 duties prescribed by Texas Civil Practice and Remedies Code, §
											RSA
					 154.053, and have the qualified immunity
					 prescribed by Texas Civil Practice and Remedies Code, §
											RSA
					 154.055, if applicable.
(b) The parties shall decide whether, and to
					 what extent, knowledge of the subject matter and experience in mediation would
					 be advisable for the mediator.
(c)
					 Prior to the commencement of the mediation, the mediator shall provide each
					 party a written statement of the ethical standards that will govern the
					 mediation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.59 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under the rules in
					 this division is confidential in accordance with Texas Government Code, §
											RSA
					 2009.054.
(b) The confidentiality of a final settlement
					 agreement to which the Commission is a signatory that is reached as a result of
					 the mediation is governed by Texas Government Code, Chapter 552.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.61 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the contractor and Commission agree otherwise,
						each party shall be responsible for its own costs incurred in connection with
						the mediation, including costs of document reproduction for documents requested
						by such party, and consultant or expert fees. The costs of the mediation
						process itself shall be divided equally between the parties. Each party shall
						be responsible for its own attorney's fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.63 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
Each party shall disclose its settlement approval
						procedures to the other party prior to the mediation. The parties should select
						representatives who are knowledgeable about the subject matter of the dispute,
						who are in a position to reach agreement, and who can credibly recommend
						approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.65 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
The representatives of the contractor and the Commission
						shall sign any settlement agreement reached during the mediation. The agreement
						shall describe each party's procedures required to be followed in connection
						with final approval of the agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.67 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Representatives of the contractor and the Commission who have authority to bind
					 each respective party shall sign a written final settlement agreement reached
					 during, or as a result of mediation, that resolves an entire claim or any
					 designated and severable portion of a claim.
(b) If the parties do not resolve all issues
					 raised by the claim and counterclaim, the agreement shall identify the issues
					 that are not resolved.
(c) A
					 partial settlement shall not waive a party's rights under Texas Government
					 Code, Chapter 2260, as to the parts of the claim that are not
					 resolved.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.69 - Referral to the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve all issues raised by the
						claim, the contractor may request that the claim be referred to SOAH by the
						Commission. Nothing in these rules prohibits the contractor and the Commission
						from mediating their dispute after the case has been referred for contested
						case hearing, subject to the rules of SOAH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.71 - Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
Parties to a contract dispute under Texas Government
						Code, Chapter 2260, may agree, either contractually or when a dispute arises,
						to use the assisted negotiation (alternative dispute resolution) processes
						described in §20.75 of this division (relating to Assisted Negotiation
						Methods) in addition to negotiation and mediation to resolve their
						dispute.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.73 - Use of Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
The following factors may help parties decide whether one
						or more assisted negotiation processes could help resolve their dispute:
(1) The parties recognize the benefits of an
					 agreed resolution of the dispute;
(2) The expense of proceeding to contested
					 case hearing at SOAH is substantial and might outweigh any potential
					 recovery;
(3) The parties want an
					 expedited resolution;
(4) The
					 ultimate outcome is uncertain;
(5)
					 Factual or technical complexity or uncertainty exists and the parties would
					 benefit from the expertise of a third-party for technical assistance or
					 fact-finding;
(6) The parties are
					 having substantial difficulty communicating effectively;
(7) A mediator third party could facilitate
					 each party's realistic evaluation of its case;
(8) There is an on-going relationship between
					 parties;
(9) The parties want to
					 retain control over the outcome;
(10) There is a need to develop creative
					 alternatives to resolve the dispute;
(11) There is a need for flexibility in
					 shaping relief;
(12) The parties
					 need to hear an evaluation of the case from someone other than their
					 representatives.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 2 - RESOLUTION OF CONTRACT CLAIMS › Section 20.75 - Assisted Negotiation Methods

Current through Reg. 49, No. 28; July 12, 2024
The parties may agree to use any of the following
						methods, or a combination of these methods, or any assisted negotiation process
						agreed to by the parties to seek resolution of a dispute under Texas Government
						Code, Chapter 2260. If the parties agree to use an assisted negotiation
						procedure, they shall agree in writing to a detailed description of the process
						prior to engaging in the process:
(1)
					 Mediation;
(2) Early evaluation by
					 a third-party neutral:
(A) The parties and
					 their counsel shall, in a confidential conference, present a summary of the
					 factual and legal bases of their claim to an experienced neutral with
					 subject-matter expertise or with significant experience in the substantive area
					 of law involved in the dispute;
(B)
					 After the summary presentations, the third-party neutral shall identify areas
					 of agreement for possible stipulations, assess the strengths and weaknesses of
					 each party's position, and estimate, if possible, the likelihood of liability
					 and the dollar range of damages that appear reasonable to him or her. The
					 third-party neutral's assessments and estimates are not binding on the
					 parties;
(C) This procedure is less
					 complicated than the mini-trial, described in paragraph (4) of this section,
					 and may be appropriate when only some issues are in dispute, such as where
					 there are clear-cut differences over the appropriate amount of damages. This
					 process may be particularly helpful when:
(i)
					 the parties agree that the dispute can be settled;
(ii) the dispute involves specific legal
					 issues;
(iii) the parties disagree
					 on the amount of damages; or
(iv)
					 the neutral is a recognized expert in the subject area or area of law
					 involved;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter A - CONTRACTS AND PURCHASES › Division 3 - CONTRACT MONITORING › Section 20.81 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Commission shall use the following factors to assess each contract and
					 determine whether enhanced contract monitoring is necessary.
(1) the complexity of the services;
(2) the contract amount;
(3) whether the services or vendor are new or
					 have changed significantly; and
(4)
					 any other factors that may impact the project.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter B - ACCESS TO AND CHARGES FOR RECORDS › Section 20.101 - Access to and Charges for Commission Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission adopts by reference the
				  rules of the Office of the Attorney General in 1 TAC, Part 3, Chapter 70,
				  relating to Cost of Copies of Public Information (formerly Texas Building and
				  Procurement Commission in 1 TAC Chapter 111, Subchapter C, concerning cost of
				  copies of public information). These rules were transferred from TBPC to the
				  OAG effective September 1, 2005. The adopted or amended dates in paragraphs (1)
				  through (11) of this subsection remain in effect.
(1)
											§70.1 (formerly §111.61),
				  Purpose, amended effective February 22, 2007;
(2)
											§70.2 (formerly §111.62),
				  Definitions, amended effective February 22, 2007;
(3)
											§70.3 (formerly §111.63),
				  Charges for Providing Copies of Public Information, amended effective February
				  22, 2007;
(4)
											§70.4 (formerly
				  §111.64), Requesting an Exemption, amended effective February 22,
				  2007;
(5)
											§70.5 (formerly
				  §111.65), Access to Information Where Copies Are Not Requested, amended
				  effective February 11, 2004;
(6)
											§70.6 (formerly §111.66), Format for Copies of Public Information,
				  amended effective February 22, 2007;
(7)
											§70.7 (formerly §111.67),
				  Estimates and Waivers of Public Information Charges, amended effective February
				  22, 2007;
(8)
											§70.8 (formerly
				  §111.68), Processing Complaints of Overcharges, amended effective February
				  22, 2007;
(9)
											§70.9 (formerly
				  §111.69), Examples of Charges for Copies of Public Information, amended
				  effective February 11, 2004;
(10)
											§70.10 (formerly §111.70), The Attorney General Charge Schedule,
				  amended effective February 22, 2007; and
(11)
											§70.11 (formerly §111.71),
				  Informing the Public of Basic Rights and Responsibilities under the Public
				  Information Act, amended effective February 22, 2007.