(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 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 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 fee 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 for a
four (4) or eight (8) hour mediation session as applicable.
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 April 24, 2018
TRD-201801858 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: May 14, 2018
Proposal publication date: February 23, 2018
For further information, please call: (512) 936-3652
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