(a) Voluntary removal. A mediator may request removal
from the roster at any time. The mediator must submit the request
under §5.4251 of this title (relating to Requests and Submissions
to the Department).
(b) Removal by department. The department may, in its
sole discretion, remove a mediator from the mediator roster for:
(1) alleged dishonest, incompetent, fraudulent, or
unethical behavior;
(2) alleged failure to respond promptly and completely
to requests from the department and where the actions or failure to
act are counter to the purpose of mediation;
(3) a disciplinary action by any other agency or disciplinary
authority against the mediator, regardless of whether the agency or
disciplinary authority's regulation relates to mediation;
(4) conviction of, or accepting deferred adjudication
for, a crime under state or federal law;
(5) a disqualifying conflict of interest listed in §5.4232
of this title (relating to Mediation Process - Mediator Qualifications
and Conflicts of Interest);
(6) failure to comply with any requirement of this
title; or
(7) other factors relevant to the mediator's qualifications,
conflicts of interest, or performance.
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