|(a) In an effort to expeditiously resolve disputed
issues, mediation may be held through State Office of Administrative
Hearings (SOAH) in compliance with §155.37 of SOAH rules.
(1) Board members and District Review Committee (DRC)
members are not parties to actions pending before SOAH, and accordingly
will not be ordered or expected to attend Mediated Settlement Conferences
(MSCs) before SOAH. Board members and DRC members who attended the
informal show compliance proceeding will be invited by board staff
to attend the MSC. If the board and DRC members who attended the informal
show compliance proceeding are unable to attend the MSC, then other
members of the board and DRC may be invited to attend the MSC. In
appropriate cases, board staff will make every effort to have a physician-member
(2) All proposed mediated agreed orders are not considered
final until they are approved by the board.
(3) All mediated agreed orders shall be in writing
and shall contain findings of facts, conclusions of law and board
actions consistent with §187.9 of this title (relating to Board
(b) The costs of mediation shall be borne equally by
the parties, unless proof through affidavit and other reliable records
such as tax returns show that a party is incapable of paying part
of the costs of mediation.
|Source Note: The provisions of this §187.29 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective August 3, 2014, 39 TexReg 5749