|(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 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 TALCB or his or her designee. Neither
a petition nor a reply is required to be filed with SOAH with an original
(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.
(e) A respondent or applicant participating in a mediation
at SOAH will pay one-half (1/2) of SOAH's fees incurred for the mediation
directly to the Board before the date of the mediation. SOAH's fee
for mediation will be based on the contract rate that SOAH bills the
Board. If mediation does not take place due to settlement or cancellation
by one of the parties, the Board will return the fee paid by the respondent
or applicant, less one-half (1/2) any fees incurred in connection
|Source Note: The provisions of this §157.33 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