Texas Administrative Code
Title 1 - ADMINISTRATION
Part 5 - TEXAS FACILITIES COMMISSION
Chapter 111 - ADMINISTRATION
Subchapter C - COMPLAINTS AND DISPUTE RESOLUTION
Section 111.33 - Alternative Dispute Resolution
Universal Citation: 1 TX Admin Code ยง 111.33
Current through Reg. 49, No. 38; September 20, 2024
(a) Policy. It is the Commission's policy to encourage the use of alternative dispute resolution procedures in appropriate situations.
(b) Alternative Dispute Resolution. The Commission encourages the fair and expeditious resolution of disputes through alternative dispute resolution ("ADR") procedures.
(1) ADR procedures include any procedure or
combination of procedures described by Civil Practice and Remedies Code,
Chapter 154. ADR procedures are intended to supplement and not limit other
dispute resolution procedures available for use by the Commission.
(2) Any ADR procedure used to resolve
disputes before the Commission shall conform with Government Code, Chapter
2009, and, to the extent possible, the model guidelines for the use of ADR
issued by the State Office of Administrative Hearings ("SOAH").
(3) Upon receipt of notice of a dispute, the
Commission's Executive Director, in consultation with the Commission's general
counsel, shall determine whether use of an ADR procedure is an appropriate
method for resolving the dispute.
(4) If an ADR procedure is determined to be
appropriate, the Commission's Executive Director shall recommend to the
claimant the use of ADR to resolve the dispute. The Commission's general
counsel will collaborate with the claimant to select an appropriate procedure
for dispute resolution and implement the agreed upon procedure consistent with
SOAH's model guidelines.
(5) ADR
for Breach of Contract Claims. Resolution of breach of certain contract claims
brought by a contractor against the Commission shall conform to the
requirements of Government Code, Chapter 2260. The Commission has adopted by
reference the Office of the Attorney General's rules regarding the negotiation
and mediation of certain contract disputes (§
RSA
111.31 of this title (relating to Negotiation
and Mediation of Certain Contract Disputes)).
(6) The requirements of Government Code,
Chapter 2260, and the Office of the Attorney General's model rules are required
prerequisites to a contractor filing suit in accordance with Civil Practices
and Remedies Code, Chapter 107.
(c) The Commission's general counsel is designated as the coordinator to implement the Commission's policy under this rule, provide necessary training, and collect data concerning the effectiveness of the implemented procedures.
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