| (a) DADS or any affected facility may elect arbitration
as an alternative to a contested case proceeding or to a judicial
proceeding relating to any of the following disputes arising under
the Code, Subchapter E:
(1) renewal of a license under §247.023;
(2) suspension, revocation, or denial of a license
under §247.041;
(3) assessment of a civil penalty under §247.045;
or
(4) assessment of an administrative penalty under §247.0451.
(b) Arbitration may not be elected if the facility
has had an arbitration order levied against it in the previous five
years.
(c) The election of arbitration is a representation
that the party choosing arbitration is solvent and able to bear the
costs of the proceeding. In cases where the facility is responsible
for paying SOAH's costs and expenses, SOAH will require that an authorized
representative of the facility provide:
(1) a deposit for the costs of the proceeding, based
on SOAH's reasonable determination of the amounts expected to be incurred;
and
(2) an affidavit acknowledging the facility's responsibility
and duty to pay SOAH's costs and expenses.
(d) An election to engage in arbitration under this
chapter is irrevocable and binding on the facility and DADS. However,
an election does not preclude the parties from reaching an agreed
resolution of a dispute that has been submitted for arbitration at
any time during the arbitration process before the final order has
been issued by the arbitrator.
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