| (D) Settlement discussions, facilitated by the neutral
third-party, take place after the hearing. The parties may ask the
neutral third-party to formally evaluate the evidence and arguments
and provide an advisory opinion as to the issues in the case. If the
parties cannot reach an agreed resolution to the dispute, either side
may declare the mini-trial terminated and proceed to a resolution
of the dispute by other means.
(E) Mini-trials may be appropriate when:
(i) the dispute is at a stage where substantial costs
can be saved by a resolution based on limited information gathered;
(ii) the matter justifies the senior executive's time
required to complete the process;
(iii) the issues include highly technical mixed questions
of law and fact;
(iv) the matter involves trade secrets or other confidential
or proprietary information; or
(v) the parties seek to narrow the large number of
issues in dispute.
(bb) Approval. Any settlement reached pursuant to this
section may require the approval of the TBCJ, the attorney general
of Texas, the governor of Texas, or the Texas Legislature, as required
by TBCJ policy, statutes, and rules of the state of Texas, and the General Appropriations Act.
(cc) Intent. It is the intent of the TDCJ to comply
with the provisions of Texas Government Code Chapter 2260. To the
extent that any term or provision of this section is in conflict with
Chapter 2260, the terms and provisions of Chapter 2260 shall prevail.
(dd) Disclaimer. The TDCJ and the TBCJ do not waive
sovereign immunity from suit or liability due to the establishment
of this section. The TDCJ and the TBCJ consider the procedure described
in Chapter 2260 and this section to be the exclusive means of resolving
breach of contract claims against the TDCJ.
|
| Source Note: The provisions of this §155.31 adopted to be effective June 11, 2000, 25 TexReg 5378; amended to be effective December 9, 2001, 26 TexReg 9914; amended to be effective October 7, 2007, 32 TexReg 6785; amended to be effective May 10, 2012, 37 TexReg 3420 |
