| (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 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 judge for the case 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 prior to the 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.
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