(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules for the division establishing a process for resolving disputes involved with contracts under the division's procurement authority. (2) The director shall consider, and the rules may include: (a) requirements regarding preliminary resolution efforts between the parties directly involved with the dispute; (b) requirements for the filing of a claim, including notification, time frames, and documentation; (c) identification of the types of costs eligible for allocation and a method for allocating costs among the parties to the dispute; (d) a required time period, not to exceed 60 days, for the resolution of the claim; (e) a provision for an independent hearing officer, panel, or arbitrator to extend the time period for resolution of the claim by not to exceed 60 additional days for good cause; (f) a provision for the extension of required time periods if the claimant agrees; (g) requirements that decisions be issued in writing; (h) provisions for an administrative appeal of a decision; (i) provisions for the timely payment of claims after resolution of the dispute, including any appeals; (j) a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections 63G-4-401 and 63G-4-402; (k) a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section; (l) requirements for claims and disputes to be eligible for the dispute resolution process under this section; (m) the use of an independent hearing officer or panel or the use of arbitration or mediation; and (n) the circumstances under which a subcontractor may file a claim directly with the division. (3) A person pursuing a claim under the process established as provided in this section: (a) is bound by the decision reached under this process, subject to any modification of the decision on appeal; and (b) may not pursue a claim, protest, or dispute under the dispute resolution process established in Title 63G, Chapter 6a, Utah Procurement Code. (4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor, subcontractor, or supplier, may be grounds for: (a) the director to suspend or debar the contractor, subcontractor, or supplier; or (b) the contractor, subcontractor, or supplier to be disciplined by the Division of Professional and Occupational Licensing.
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