| (a) Policy. It is the Commission's policy to encourage
the use of alternative dispute resolution procedures in appropriate
situations.
(b) Alternative Dispute Resolution. The Commission
encourages the fair and expeditious resolution of disputes through
alternative dispute resolution ("ADR") procedures.
(1) ADR procedures include any procedure or combination
of procedures described by Civil Practice and Remedies Code, Chapter
154. ADR procedures are intended to supplement and not limit other
dispute resolution procedures available for use by the Commission.
(2) Any ADR procedure used to resolve disputes before
the Commission shall conform with Government Code, Chapter 2009, and,
to the extent possible, the model guidelines for the use of ADR issued
by the State Office of Administrative Hearings ("SOAH").
(3) Upon receipt of notice of a dispute, the Commission's
Executive Director, in consultation with the Commission's general
counsel, shall determine whether use of an ADR procedure is an appropriate
method for resolving the dispute.
(4) If an ADR procedure is determined to be appropriate,
the Commission's Executive Director shall recommend to the claimant
the use of ADR to resolve the dispute. The Commission's general counsel
will collaborate with the claimant to select an appropriate procedure
for dispute resolution and implement the agreed upon procedure consistent
with SOAH's model guidelines.
(5) ADR for Breach of Contract Claims. Resolution of
breach of certain contract claims brought by a contractor against
the Commission shall conform to the requirements of Government Code,
Chapter 2260. The Commission has adopted by reference the Office of
the Attorney General's rules regarding the negotiation and mediation
of certain contract disputes (§111.31 of this title (relating
to Negotiation and Mediation of Certain Contract Disputes)).
(6) The requirements of Government Code, Chapter 2260,
and the Office of the Attorney General's model rules are required
prerequisites to a contractor filing suit in accordance with Civil
Practices and Remedies Code, Chapter 107.
(c) The Commission's general counsel is designated
as the coordinator to implement the Commission's policy under this
rule, provide necessary training, and collect data concerning the
effectiveness of the implemented procedures.
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