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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER ETEXAS WINDSTORM INSURANCE ASSOCIATION
DIVISION 4CONSUMER ASSISTANCE; CLAIM PROCESSES
RULE §5.4233Mediation Process - Mediator Roster

(a) Eligibility. To be placed on the mediator roster, a mediator must register with the department and must meet the qualifications in §5.4232 of this title (relating to Mediation Process - Mediator Qualifications and Conflicts of Interest).

(b) Registration. The registration must include contact information and details about:

  (1) the mediator's mediation training;

  (2) any mediation certification;

  (3) any other relevant licenses or certifications;

  (4) any training or experience relating to property damage claims;

  (5) a general description of the approximate number, value, complexity, and nature of disputes mediated over the previous three years;

  (6) the counties in which the mediator is willing to mediate;

  (7) the types of policies, and value and complexity of claims the mediator is willing to mediate;

  (8) potential conflicts of interest, under §5.4232 of this title;

  (9) any professional disciplinary actions or criminal convictions;

  (10) whether the mediator is insured by the association; and

  (11) an up-to-date biography, resume, or curriculum vitae.

(c) Notice. A person is not on the mediator roster until the department sends written notice of placement on the roster.

(d) Limited number. The department may limit the number of mediators on the roster.

(e) Publication. The department will publish the mediator roster on the department's website. Published roster information will include a mediator's name, contact information, preferred types of claims, and preferred geographic areas.

(f) Disqualifying conflicts. The mediator must notify the department of a disqualifying conflict of interest, under §5.4232 of this title.

(g) Term. A mediator will be on the mediator roster for a term of three years, except as provided under §5.4234 of this title (relating to Mediation Process - Removal of Mediator from Roster). To remain on the roster for additional terms, a mediator must submit a new registration to the department.

(h) Submissions. Notices and registrations under this section must comply with §5.4251 of this title (relating to Requests and Submissions to the Department).


Source Note: The provisions of this §5.4233 adopted to be effective February 14, 2013, 38 TexReg 653

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