Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 157RULES RELATING TO PRACTICE AND PROCEDURE
SUBCHAPTER EALTERNATIVE DISPUTE RESOLUTION
RULE §157.33Mediation
ISSUE 05/20/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)If a resolution cannot be reached through an investigative conference or negotiated settlement and with the consent of all parties, the Board may schedule an original mediation with SOAH before filing a petition on the formal complaint with SOAH. Mediation will be set for either a four (4) hour or eight (8) hour session, at the discretion of the Board, based on the nature and complexity of the formal complaint. The Board will not refuse any reasonable request for mediation, as determined by the Director of TALCB or his or her designee. Neither a petition nor a reply is required to be filed with SOAH with an original mediation request.

(b)After the Board files a Request to Docket form for mediation, SOAH will advise the parties of the mediator and the date, time and place for the mediation.

(c)The parties at the mediation must have authority to settle, provided however, all agreements signed by Board staff at the mediation are subject to final approval by the Board.

(d)If the mediator is a SOAH judge, that person will not also sit as the administrative law judge for the contested case hearing if mediation is not successful.

(e)A respondent or applicant participating in a mediation at SOAH will pay one-half (1/2) of SOAH's fees incurred for the mediation directly to the Board before the date of the mediation. SOAH's fee for mediation will be based on the contract rate that SOAH bills the Board. If mediation does not take place due to settlement or cancellation by one of the parties, the Board will return the fee paid by the respondent or applicant, less one-half (1/2) any fees incurred in connection with mediation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 6, 2022

TRD-202201804

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: May 26, 2022

Proposal publication date: March 11, 2022

For further information, please call: (512) 936-3652



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