| (a) Mediation may begin, at the discretion of the director
of enforcement, any time after the department anticipates initiation
of an adverse action against a person.
(b) The department may issue a notice of mediation
along with a notice of alleged violation, a notice of continued license
restrictions, or a notice of a proposed denial, as described under
Subchapter I.
(c) Prior to the submission of a Request for Docket
Case form to SOAH, and with agreement of all parties, the ADR Administrator
may schedule mediation upon any party's request.
(d) After a Request for Docket Case form has been submitted
to SOAH, the contested case is subject to SOAH's procedures under
1 TAC Chapter 155, and it is at the discretion of the ALJ whether
mediation may apply or may continue to apply to a contested case.
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