1. (a) At any time, the Commissioner may request that a matter within the jurisdiction of the agency, which by statute or rule entitles a person to a hearing, be given contested case status.

2. (b) If, in any matter in which the Texas Education Code or the rules herein give a party the right to a hearing, the Commissioner makes a determination, decision, order, ruling, or if he or she fails to act within a prescribed period of time, a party with standing in the matter shall file a written petition for contested case status with the Commissioner within the time frames below, or the action taken by the Commissioner will become final, and the party will have failed to exhaust all available administrative remedies, as established herein:

   1. (1) in a contract dispute, no later than 180 days after the date of the event that the contractor asserts as the basis of the claim;
   2. (2) for all other types of contested cases, 45 calendar days after the decision, order, ruling, or failure to act that is complained of is rendered.

Source Note:The provisions of this §1.23 adopted to be effective February 26, 2004, 29 TexReg 1658.