(a)If a resolution cannot be reached through an investigative
conference or negotiated settlement and with the consent of all parties,
the Board may schedule an original mediation with SOAH before [
prior to] filing a petition on the formal complaint with SOAH.
Mediation will be set for either a four (4) hour or eight (8) hour
session, at the discretion of the Board, based on the nature and complexity
of the formal complaint. The Board will not refuse any reasonable
request for mediation, as determined by the Director of Standards
and Enforcement Services. Neither a petition nor a reply is required
to be filed with SOAH with an original mediation request.
(b)After the Board files a Request to Docket form
for mediation, SOAH will advise the parties of the mediator and the
date, time and place for the mediation.
(c)The parties at the mediation must have authority
to settle, provided however, all agreements signed by Board staff
at the mediation are subject to final approval by the Board.
(d)If the mediator is a SOAH judge, that person will
not also sit as the administrative law judge for the contested
case hearing if mediation is not successful [and
the contested matter goes to hearing].
(e)A respondent or applicant participating in a mediation
at SOAH will pay one-half (1/2) of SOAH's fee for the mediation directly
to the Board before [prior to] the date [
commencement] of the mediation. SOAH's fee for mediation will
be based on the contract rate that SOAH bills the Board for a four
(4) or eight (8) hour mediation session as applicable.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on
February 12, 2018
TRD-201800586 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: March 25, 2018
For further information, please call: (512) 936-3652
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