(a)At the discretion of the Director of [Standards
and] Enforcement [Services] and with the consent
of all parties, mediation with an outside mediator may be scheduled
between the Commission and a respondent [Respondent]
or applicant [Applicant] when the Commission
anticipates initiation of an adverse action against a respondent [
Respondent] or applicant [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 [also] 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 [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 proposal and found it to be within the state
agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on February 22, 2022
TRD-202200639 Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 10, 2022
For further information, please call: (512) 936-3057
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