|(a) The board's policy is to encourage the resolution
and early settlement of internal and external disputes, including
contested cases, through voluntary settlement processes, which may
include any procedure or combination of procedures described by Chapter
154, Civil Practice and Remedies Code. Any ADR procedure used to resolve
disputes before the board shall comply with the requirements of Chapter
2009, Government Code, and any model guidelines for the use of ADR
issued by the State Office of Administrative Hearings.
(b) The board's general counsel or their designee shall
be the board's dispute resolution coordinator (DRC). The DRC shall
perform the following functions, as required:
(1) coordinate the implementation of the policy set
out in subsection (a) of this section;
(2) serve as a resource for any staff training or education
needed to implement the ADR procedures; and
(3) collect data to evaluate the effectiveness of ADR
procedures implemented by the board.
(c) The board, a committee of the board, a respondent
in a disciplinary matter pending before the board, the executive director,
or a board employee engaged in a dispute with the executive director
or another employee, may request that the contested matter be submitted
to ADR. The request must be in writing, be addressed to the DRC, and
state the issues to be determined. The person requesting ADR and the
DRC will determine which method of ADR is most appropriate. If the
person requesting ADR is the respondent in a disciplinary proceeding,
the executive director shall determine if the board will participate
in ADR or proceed with the board's normal disciplinary processes.
(d) Any costs associated with retaining an impartial
third party mediator, moderator, facilitator, or arbitrator, shall
be borne by the party requesting ADR.
(e) Agreements of the parties to ADR must be in writing
and are enforceable in the same manner as any other written contract.
Confidentiality of records and communications related to the subject
matter of an ADR proceeding shall be governed by §154.073 of
the Civil Practice and Remedies Code.
(f) If the ADR process does not result in an agreement,
the matter shall be referred to the board for other appropriate disposition.
(g) ADR for breach of contract claims. Resolution of
breach of contract claims brought by a contractor against the Board
shall conform to the requirements of Government Code, Chapter 2260.
The Board adopts by reference the Office of the Attorney General's
model rules regarding the negotiation and mediation of certain contract
disputes (1 Texas Administrative Code Part 3, Chapter 68). The requirements
of Government Code, Chapter 2260, and the Office of the Attorney General's
model rules are required prerequisites to a contractor filing suit
in accordance with Civil Practice and Remedies Code, Chapter 107.