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RULE §1.105Alternative Dispute Resolution Coordinator

(a) The executive director shall designate a department employee as the department's alternative dispute resolution coordinator.

(b) The person designated as the alternative dispute resolution coordinator must have completed a minimum of 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system established under Civil Practice and Remedies Code, Chapter 152, or another dispute resolution organization approved by a court of this state at the time of or as soon as practicable after the designation.

(c) The alternative dispute resolution coordinator may act as the impartial third party for an alternative dispute resolution process.

(d) The alternative dispute resolution coordinator shall develop the process to be used by the department for alternative dispute resolution. The process must conform, to the extent possible, to the model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. The process should provide the method that will be used by the coordinator for the selection of impartial third parties.

(e) The alternative dispute resolution coordinator shall collect data on the effectiveness of the department's use of alternative dispute resolution and before December 31 of each year shall file with the commission a report interpreting the data collected for the preceding fiscal year.

Source Note: The provisions of this §1.105 adopted to be effective November 15, 2012, 37 TexReg 8976

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