| (a) It is the board's policy to encourage the resolution
and early settlement of all disputed matters, internal and external,
through voluntary settlement procedures.
(b) The executive director shall designate a board
employee as the board's Alternative Dispute Resolution Director to
perform the following functions:
(1) maintain necessary agency records of alternative
dispute resolution procedures while maintaining the confidentiality
of participants;
(2) establish a method for the appointment of impartial
third party mediators, moderators or arbitrators for alternative dispute
resolution proceedings;
(3) provide information about available alternative
dispute resolution processes to agency employees, potential users,
and users of the alternative dispute resolution program;
(4) arrange training or education necessary to implement
alternative dispute resolution processes; and
(5) establish a system to evaluate the alternative
dispute resolution program and mediators.
(c) The board, a committee of the board, a respondent
in a disciplinary matter pending before the board, the executive director
of the board or a board employee engaged in a dispute with the executive
director may request that a contested matter be submitted for alternative
dispute resolution through mediation as described in §154.023
of the Texas Civil Practice and Remedies Code, moderated settlement
conference as described in §154.025 of the Texas Civil Practice
and Remedies Code, and non-binding arbitration as described in §154.027
of the Texas Civil Practice and Remedies Code by making a written
request for alternative dispute resolution that states the type of
alternative dispute resolution requested and sets forth the issues
to be submitted for alternative dispute resolution. A respondent in
a disciplinary proceeding may not request mediation until a recommendation
regarding that disciplinary matter has been made to a committee of
the board. The request must be delivered to the Alternative Dispute
Resolution Director at the board's office.
(d) The party who requests alternative dispute resolution
shall pay the cost of the impartial third party mediator, moderators
or arbitrators and shall otherwise bear their own costs of alternative
dispute resolution.
(e) Any resolution reached as a result of an alternative
dispute resolution procedure is intended to be through the voluntary
agreement of all of the parties. The resolution of a contested matter
reached as a result of an alternative dispute resolution procedure
must be in writing, signed by all of the parties, and is enforceable
in the same manner as any other written contract; provided however,
that any signed resolution that purports to bind the board must be
ratified by the board and may be made public depending upon the terms
of the agreed resolution.
(f) A communication relating to the subject matter
made by a party in an alternative dispute resolution procedure is
confidential, is not subject to disclosure, and may not be used as
evidence in any further proceeding. Any notes or record made of an
alternative dispute resolution procedure are confidential, and parties,
including impartial third party mediators, moderators, or arbitrators
may not be required to testify in any proceedings relating to or arising
out of the matter in dispute or be subject to process requiring disclosure
of confidential information or data relating to or arising out of
the matter in dispute or under consideration. An oral communication
or written material used in or made a part of an alternative dispute
resolution procedure is admissible or discoverable only if it is admissible
or discoverable independent of the procedure. If this section conflicts
with other legal requirements for disclosure of communications or
materials, the issue of confidentiality may be presented to a judge
or administrative law judge in Travis County, Texas to determine,
in camera, whether the facts, circumstances, and context of the communications
or materials sought to be disclosed warrant a protective order or
whether the communications or materials are subject to disclosure.
|
| Source Note: The provisions of this §519.25 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective October 15, 2008, 33 TexReg 8520; amended to be effective February 9, 2012, 37 TexReg 493 |
