Once the using agency has determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act N.M. Stat. Ann. § 13-4-31 to 13-4-42, the using agency or agent of the using agency may:

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A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a “form of dispute” which shall be available to all parties. The form shall state concisely, in numbered paragraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or the using agency shall evaluate the issues presented by both sides of the dispute and render a decision within ten days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or

B. refer the matter in dispute to be resolved through arbitration.