(a) It is the Board's policy to encourage the fair
and expeditious resolution of all formal complaint matters through
voluntary settlement procedures. The Board's Alternative Dispute Resolution
(ADR) procedures are set out in this subchapter, however, the Board
encourages the resolution of disputes at any time, whether under this
subchapter or not.
(b) ADR may be requested by the Board, a respondent
or an applicant any time after the Board initiates a formal complaint
against a respondent or denies an application.
(c) This subchapter may apply to a contested case upon
unanimous motion of the parties and at the discretion of the administrative
law judge. In such cases, it is within the discretion of the judge
to grant a continuance of the hearing to allow the use of ADR.
(d) A contingent dismissal is a method of alternative
dispute resolution available only at the discretion of the Board and
its staff. An administrative law judge may not recommend a contingent
dismissal as a method to resolve a contested case.
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Source Note: The provisions of this §157.30 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 14, 2018, 43 TexReg 3097; amended to be effective May 26, 2022, 47 TexReg 3049 |