Section 27.106 - Administrative Review(a) Filing of request. (1) Any person who believes they have been aggrieved in connection with an action of the Corporation may file a request for administrative review by the Department under §80.011 of the Code.(2) A request must be made in writing and received by the Department within 90 days of the alleged action which is the subject of the complaint. Formal requests must comply with the following requirements, and shall be resolved in accordance with the procedures set forth below. Copies of the request and any supporting documentation must be mailed or delivered by the requesting party to the Department and the Corporation.(b) Contents of request. A request filed under this section must be sworn and contain: (1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection, including an identification of the issue or issues to be resolved;(3) a precise statement of the relevant facts;(4) argument and authorities in support of the allegations made;(5) any supporting documentation available; and(6) a statement that a copy of the request has been mailed or delivered to the Corporation.(c) Informal Review. (1) Once a request is received by the Department, it shall be forwarded to the Department's Office of General Counsel for review.(2) The General Counsel, or his or her designee, shall have the authority, prior to appeal to the Commissioner or designee, to settle and resolve the complaint that is the subject of the request, and may solicit additional information regarding the matters alleged in the request for review from the requester, the Corporation, or any other relevant party. Copies of any additional information received shall be provided to both the requester and the Corporation.(3) If the issues raised in the request are not resolved by mutual agreement, the General Counsel will issue a written determination on the request for review as follows. (A) If the General Counsel determines that no violation of rules or statutes has occurred, he or she shall so inform the requesting party and the Corporation by letter, setting forth the reasons for the determination.(B) If the General Counsel determines that a violation of the rules or statutes has occurred, he or she shall so inform the requesting party and the Corporation by letter, setting forth the reasons for the determination and the appropriate remedial action.(4) If the General Counsel's determination is not appealed within 15 business days, that determination shall serve as the final agency determination on the complaint.(d) Appeal to Commissioner.(1) The General Counsel's determination may be appealed to the Commissioner by the requester or the Corporation. An appeal of the General Counsel's determination must be in writing and must be received by the Department no later than 15 business days after the date of the General Counsel's determination. The appeal shall include specific reasons why the requester or the Corporation disagrees with the determination. Copies of the appeal must be mailed or delivered by the party appealing to the other party.(2) The Commissioner, or his or her designee, shall review the request for appeal and any supporting documentation submitted with the appeal. The Commissioner shall be limited to review of the original request for administrative appeal and supporting documentation submitted with that request, and the General Counsel's determination.(3) The Commissioner's determination of the appeal shall be the final administrative action of the agency and is subject to judicial review under Chapter RSA 2001, Government Code.(e) Actions Subject to Review. (1) Request for review filed under §80.011 shall be based on actions taken by the Corporation under Chapter 80 of the Code.(2) Actions subject to review under §80.001 do not include: (A) alleged violations that may be prosecuted administratively by the Department under the §12.020 and/or §76.1555 of the Code;(B) bid protests and other disputes arising from a bid made or a contract entered into with the Corporation under its procurement manual, and covered by the Corporation's procurement dispute resolution procedure; or(C) disputes that have been resolved through a civil or criminal action brought in a court of law.(f) Appropriate remedial actions. If the Department, or the Commissioner on appeal, determines that the Corporation acted in a manner that warrants action by the Department, the Department may prescribe corrective action to be carried out by the Corporation, or refer its determination to the appropriate entity in accordance with the §80.027 of the Code. The Department is not authorized to award monetary damages to a person filing a request under this section.4 Tex. Admin. Code § 27.106
Adopted by Texas Register, Volume 40, Number 48, November 27, 2015, TexReg 8637, eff. 12/6/2015