| (a) At the discretion of the Director of Standards
and Enforcement Services and with the consent of all parties, mediation
with an outside mediator may be scheduled between the Commission and
a Respondent or Applicant when the Commission anticipates initiation
of an adverse action against a Respondent or Applicant or any time
after initiation.
(b) SOAH mediators, employees of other agencies who
are mediators, and private pro bono mediators, may be assigned to
contested matters as needed. Each such mediator shall:
(1) have received at least 40 hours of Texas mediation
training; and
(2) have some expertise in the area of the contested
matter.
(c) If the mediator is a SOAH judge, that person will
not also sit as the administrative law judge for the case if the contested
matter goes to a SOAH hearing.
(d) Upon unanimous motion of the parties and at the
discretion of the administrative law judge, this section applies to
a case referred to SOAH.
(e) Respondents or Applicants participating in a mediation
will pay one-half of any fees incurred for the mediation directly
to the Commission before mediation begins.
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