(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 TALCB or his or her designee [
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 fees incurred [
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. If mediation does not take place
due to settlement or cancellation by one of the parties, the Board
will return the fee paid by the respondent or applicant, less one-half
(1/2) any fees incurred in connection with mediation. [for
a four (4) or eight (8) hour mediation session as applicable.]
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 28, 2022
TRD-202200707 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 10, 2022
For further information, please call: (512) 936-3088
|