| (E) a statement of the current status of negotiations
between the complainant and the respondent and a description of any
actions the complainant has taken to resolve the dispute;
(F) a statement of the relief sought by complainant;
and
(G) all supporting documentation, unless the complaint
is made by telephone, in which case the documentation shall be supplied
at a later time.
(3) The director shall assign a complaint to a monitor
who shall promptly contact the complainant to confirm receipt of the
complaint and to obtain any additional relevant and supporting documentation
pertaining to the complaint. The monitor shall advise the complainant
of its right to have the complaint mediated by a Commission employee
or by a non-Commission employee mediator. If the complainant has submitted
the complaint by telephone and wishes to pursue the matter, the monitor
shall direct the complainant to submit the complaint by e-mail, facsimile,
or letter, along with supporting documentation.
(4) After the monitor determines that the complainant
has provided all required information, the monitor shall notify the
respondent of the complaint by mailing to the respondent, via certified
mail, return receipt requested, a copy of the complaint and all supporting
documentation. This notification shall include notice to the respondent
of its right to have the matter heard by a non-Commission employee
mediator pursuant to the agreement of the complainant and the respondent.
(5) The respondent shall reply in writing to both the
monitor and the complainant within 14 calendar days from the date
of the monitor's notification letter. The respondent's reply shall
address the substance of the complaint and either propose a solution
or explain why the complaint is incorrect.
(6) The complainant and the respondent will be given
14 calendar days from the date of the respondent's reply to resolve
the complaint without the participation of a mediator.
(7) If the complainant and the respondent have not
reached an agreement, the monitor shall determine within seven days
after expiration of the period allowed for informal resolution in
paragraph (6) of this subsection whether either the complainant or
the respondent or both want the matter referred to a Commission or
non-Commission mediator and shall refer the matter back to the director.
(8) In the event the complainant and respondent agree
upon a non-Commission employee mediator, then the monitor shall notify
the agreed upon mediator. In the event the complainant and respondent
desire to use a non-Commission employee mediator and are unable to
agree upon the selection of a non-Commission employee mediator, each
party shall each submit the name of its preferred mediator and the
preferred mediators so designated shall choose a third mediator who
will preside over the process.
(9) In accordance with the procedure set forth in subsection
(d)(4) of this section, the director shall appoint a mediator within
seven days after receipt of the information in paragraph (7) of this
subsection.
(10) The mediator shall, within 14 calendar days after
the appointment provided in paragraph (8) of this subsection, review
all information received from the complainant and respondent. The
mediator may request additional information as the mediator deems
necessary. At any time during an informal complaint procedure, the
mediator may request and review documents or information the mediator
considers necessary in evaluating the complaint. The mediator shall
furnish the complainant and respondent with a written summary of all
relevant documents and information reviewed. The mediator's summary
shall not disclose confidential information.
(11) The monitor shall schedule a mediation meeting
with the complainant and respondent, which the mediator shall conduct,
to occur within 14 calendar days after the date of the mediator's
written summary. The monitor shall promptly notify the complainant
and respondent of the date, time and location of the meeting, which
may be conducted at the headquarters of the Commission in Austin,
Texas; in the Commission's offices in the district in which the complaint
arises; or at any other location by agreement of the participants.
(12) The complainant and respondent shall participate
in the mediation meeting and undertake in good faith to settle all
issues raised in the complaint. The complainant and respondent shall
make available during the mediation meeting, in person, representatives
who are empowered to make decisions on their behalf.
(13) If the mediation process does not result in a
settlement of all issues during the period for mediation provided,
after completing the mediation, the mediator shall promptly send a
confidential memorandum to the complainant, the respondent, the monitor
(unless the monitor is the mediator), and the director that states
one or more of the following conclusions, based on the information
reviewed by the mediator. The mediator may conclude that:
(A) there are specific actions which, if taken by either
the respondent or the complainant or both, could result in resolution
of the complaint;
(B) a formal evidentiary hearing may be warranted;
or
(C) a formal evidentiary hearing may not be warranted.
(f) A formal evidentiary hearing may be:
(1) initiated by the director as a show cause proceeding;
or
(2) requested by either the complainant or the respondent
(g) Internal report. The director shall maintain an
internal report of all complaints received.
(1) The report shall be circulated no less often than
once every six months to the Commissioners, the executive director,
and the general counsel.
(2) The specific points of the participants' discussions
and any negotiated resolution shall not be included in this internal
report.
(h) Reimbursement. If the participants request that
a mediation meeting be conducted at a location other than the headquarters
of the Commission in Austin, Texas, pursuant to subsection (e)(11)
of this section, the participants shall reimburse the Commission for
the Commission's costs related to travel to that location.
|
| Source Note: The provisions of this §2.1 adopted to be effective March 15, 2007, 32 TexReg 1266; amended to be effective April 28, 2008, 33 TexReg 3388; amended to be effective April 25, 2017, 42 TexReg 2165 |
