Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
SUBCHAPTER CALTERNATIVE DISPUTE RESOLUTION
RULE §533.33Outside Mediation
ISSUE 05/20/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)At the discretion of the Director of Enforcement and with the consent of all parties, mediation with an outside mediator may be scheduled between the Commission and a respondent or applicant when the Commission anticipates initiation of an adverse action against a respondent or applicant or any time after initiation.

(b)SOAH mediators, employees of other agencies who are mediators, and private pro bono mediators may be assigned to contested matters as needed. Each such mediator shall:

  (1)have received at least 40 hours of Texas mediation training; and

  (2)have some expertise in the area of the contested matter.

(c)If the mediator is a SOAH judge, that person will not sit as the administrative law judge for the case if the contested matter goes to a SOAH hearing.

(d)Upon unanimous motion of the parties and at the discretion of the administrative law judge, this section applies to a case referred to SOAH.

(e)Respondents or applicants participating in a mediation will pay one-half of any fees incurred for the mediation directly to the Commission before mediation begins.

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 5, 2022

TRD-202201770

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Effective date: May 25, 2022

Proposal publication date: March 11, 2022

For further information, please call: (512) 936-3057



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