| (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 |
