(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
(2)have some expertise in the area of the contested
(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
with the Office of the Secretary of State on May 5, 2022
Deputy General Counsel
Effective date: May 25, 2022
Proposal publication date: March 11, 2022
For further information, please call: (512) 936-3057