| (a) All complaints, protests, and petitions required
or allowed to be filed under Occupations Code, Chapter 2301; Transportation
Code, Chapters 503 and 1000 - 1005; or this chapter must be delivered
to the department:
(1) in person;
(2) by first-class mail; or
(3) by electronic document transfer at a destination
designated by the department.
(b) Except as provided by subsections (d), (n), and
(o) of this section, parties to a contested case filed under Occupations
Code, Chapter 2301 or Transportation Code, Chapters 503 and 1000 -
1005 are required to participate in mediation, in accordance with
this section, before the case is referred for hearing.
(c) The term "mediation" as used in this section has
the meaning assigned by Occupations Code, §2301.521.
(d) This section does not limit the parties' ability
to settle a case without mediation.
(e) The department shall provide mediation services.
(f) The mediator shall qualify for appointment as an
impartial third party in accordance with Civil Practice and Remedies
Code, Chapter 154.
(g) The mediation process will conclude within 60 days
of the date a contested case is assigned to a mediator unless, at
the department's discretion, the mediation deadline is extended.
(h) The department will assign a different mediator
if:
(1) either party promptly and with good cause objects
to an assigned mediator; or
(2) an assigned mediator is recused.
(i) At any time before a contested case is referred
for hearing, the parties may file a joint notice of intent to retain
an outside mediator. The notice must include:
(1) the name, address, email address, facsimile number,
and telephone number of the outside mediator selected;
(2) a statement that the parties have entered into
an agreement with the outside mediator regarding the mediator's rate
and method of compensation;
(3) an affirmation that the outside mediator qualifies
for appointment as an impartial third party in accordance with Civil
Practice and Remedies Code, Chapter 154; and
(4) a statement that the mediation will conclude within
60 days of the date of the joint notice of retention unless, at the
department's discretion, the mediation deadline is extended.
(j) All communications in a mediation are confidential
and subject to the provisions of the Governmental Dispute Resolution
Act, Government Code, §2009.054.
(k) Agreements reached by the parties in mediation
shall be reduced to writing by the mediator and signed by the parties
before the mediation concludes or as soon as practical.
(l) Within 10 days of the conclusion of the mediation
period, a mediator shall provide to the department and to the parties
a written report stating:
(1) whether the parties attended the mediation;
(2) whether the matter settled in part or in whole;
(3) any unresolved issues; and
(4) any other stipulations or matters the parties agree
to report.
(m) Upon receipt of the mediator's report required
under this section, the department shall:
(1) enter an order disposing of resolved issues; and
(2) refer unresolved issues for hearing.
(n) Parties to a contested case filed as an enforcement
action brought by the department are not required to participate in
mediation.
(o) Parties to a contested case filed under Occupations
Code, §2301.204 or §§2301.601 - 2301.613, must participate
in mediation in accordance with §215.205 of this title (relating
to Mediation; Settlement).
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| Source Note: The provisions of this §215.305 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
