Dispute Resolution Procedure Concerning the Amount of Interagency Payments

Statutory Background

The Interagency Cooperation Act requires the Comptroller to determine the appropriate amount owed by one agency to another agency under a written contract or agreement for services or resources if those agencies cannot agree on the amount. If the payment is not made within 30 days, the performing agency may request that the Comptroller transfer the appropriate amount from the receiving agency’s funds. See Tex. Gov’t. Code § 771.008.

Definitions

In this document:

Delegating Powers And Duties Under This Procedure

To the extent allowed by law, the Comptroller may delegate a power or duty of the Comptroller under this procedure to any employee or division of the Comptroller.

Good Faith Attempt To Resolve The Dispute

The Comptroller may not act under this procedure unless the performing and receiving agencies have made a good faith attempt to resolve the dispute.

Requesting The Comptroller’s Intervention

The chief administrative officer of the performing agency or the chief administrative officer of the receiving agency may initiate this procedure by submitting a letter to the Comptroller that includes:

The initiating agency must copy the defending agency on the letter. If the initiating agency fails to copy the defending agency, then the Comptroller will provide a copy of the letter and all related documentation to that agency.

Evaluating The Request For Intervention

The Comptroller will determine whether the documentation provided by the initiating agency satisfies the preceding requirements.

If the Comptroller determines that the documentation satisfies those requirements, the Comptroller will initiate one or more meetings with the performing and receiving agencies to discuss the situation.

If the meetings do not resolve the dispute, then the Comptroller will decide whether to determine the amount owed under the contract between the parties, based on the relevant facts and applicable law. If the Comptroller intervenes, both parties will be notified regarding the decision.

Procedures After The Intervention Request Has Been Granted

If the Comptroller intervenes, then the defending agency must respond in writing to the initiating agency’s letter to the Comptroller not later than the 10th business day after the date of the Comptroller’s notification. The response must include:

The Comptroller will review the documentation submitted and determine whether all required documentation has been received. The Comptroller may ask the initiating or defending agency to provide additional documentation if necessary to make an accurate determination.

Unless the Comptroller determines that the circumstances require a delay, a decision will be rendered not later than the 10th business day after the date that all required documentation and arguments are received. If a delay is needed, the Comptroller will notify the parties accordingly.

The Comptroller’s final decision will be in writing or communicated electronically and include: