It is the Board's policy to encourage the resolution and early
settlement of all disputed matters, internal and external, through
voluntary settlement procedures.
(1) The Executive Director shall designate a board
employee as the board's Alternative Dispute Resolution Director to
perform the following functions:
(A) maintain necessary agency records of alternative
dispute resolution procedures while maintaining the confidentiality
of participants;
(B) establish a method for the appointment of impartial
third party mediators, moderators or arbitrators for alternative dispute
resolution proceedings;
(C) provide information about available alternative
dispute resolution processes to agency employees, potential users,
and users of the alternative dispute resolution program;
(D) arrange training or education necessary to implement
alternative dispute resolution processes; and
(E) establish a system to evaluate the alternative
dispute resolution program and mediators.
(2) The Board, a committee of the Board, a respondent
in a disciplinary matter pending before the board pursuant to §139.31
of this title (relating to Enforcement Actions for Violations of the
Act), 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 and a Consent Order has been offered in accordance with Board
Rule §139.19 (relating to Final Resolution of Complaint). The
request must be delivered to the Alternative Dispute Resolution Director
at the board's office.
(3) 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.
(4) 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.
(5) 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.
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