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(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 prior to 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 Standards and Enforcement Services. 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 judge for the case if mediation is not successful and the contested matter goes to hearing. (e)A respondent or applicant participating in a mediation at SOAH will pay one-half (1/2) of SOAH's fee for the mediation directly to the Board prior to the commencement of the mediation. SOAH's fee for mediation will be based on the contract rate that SOAH bills the Board for a four (4) or eight (8) hour mediation session as applicable.
This agency hereby
certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on August 22, 2013
TRD-201303562 Kerri T. Lewis
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: September 11, 2013
Proposal publication date: June 7, 2013
For further information, please call: (512) 936-3652
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