| (a) The commission's policy is to encourage the resolution
and early settlement of internal and external disputes, through voluntary
settlement processes, which may include any procedure or combination
of procedures described by Chapter 154, Civil Practice and Remedies
Code. Any ADR procedure used to resolve disputes before the commission
shall comply with the requirements of Chapter 2009, Texas Government
Code, and the Administrative Procedure Act, Chapter 2001, Texas Government
Code.
(b) The commission's Director of Resource Management
or designee shall be the commission's dispute resolution coordinator
(DRC). The DRC shall perform the following functions, as required:
(1) coordinate the implementation of the policy set
out in subsection (a) of this section;
(2) serve as a resource for any staff training or education
needed to implement the ADR procedures; and
(3) collect data to evaluate the effectiveness of ADR
procedures implemented by the commission.
(c) The commission, a committee of the commission,
a respondent in a disciplinary matter pending before the commission,
the executive director, or a commission employee engaged in a dispute
with the executive director or another employee, may request that
the contested matter be submitted to ADR. The request must be in writing,
be addressed to the DRC, and state the issues to be determined. The
person requesting ADR and the DRC will determine which method of ADR
is most appropriate. If the person requesting ADR is the respondent
in a disciplinary proceeding, the executive director shall determine
if the board will participate in ADR or proceed with the commission's
normal disciplinary processes. (d) Any costs associated with retaining
an impartial third party mediator, moderator, facilitator, or arbitrator,
shall be borne by the party requesting ADR. (e) Agreements of the
parties to ADR must be in writing and are enforceable in the same
manner as any other written contract. Confidentiality of records and
communications related to the subject matter of an ADR proceeding
shall be governed by §154.073 of the Civil Practice and Remedies
Code. (f) If the ADR process does not result in an agreement, the
matter shall be referred to the commission for other appropriate disposition.
|
| Source Note: The provisions of this §452.4 adopted to be effective November 15, 2007, 32 TexReg 8169; amended to be effective November 30, 2014, 39 TexReg 9267; amended to be effective November 28, 2022, 47 TexReg 7911 |
