Texas Administrative Code
Title 19 - EDUCATION
Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1 - AGENCY ADMINISTRATION
Subchapter B - DISPUTE RESOLUTION
Section 1.32 - Selection of a Neutral Third Party
Universal Citation: 19 TX Admin Code ยง 1.32
Current through Reg. 49, No. 38; September 20, 2024
(a) For each matter referred for ADR procedures, the ADR coordinator may select a neutral third party to facilitate the proceeding. The ADR coordinator may assign a substitute or additional neutral third party to a proceeding as he or she deems necessary.
(b) If all the participants agree upon the use of a private mediator, a private mediator may be hired for agency ADR procedures provided that:
(1) the participants unanimously agree to the
selection of the person to serve as the mediator;
(2) the mediator agrees to be subject to the
direction of the commission's ADR coordinator and to all time limits imposed by
the coordinator, the ALJ, if applicable, and all statutes or regulations that
apply;
(3) the participants
unanimously agree upon the manner in which costs for the services of the
mediator will be apportioned among the participants;
(4) fees shall be paid directly to the
mediator.
(5) All mediators in
Board mediation proceedings shall subscribe to the ethical guidelines for
mediators adopted by the ADR Section of the State Bar of Texas.
(c) SOAH mediators, employees of other governmental bodies who are trained mediators, and private pro bono mediators may be assigned to contested cases as needed, provided that:
(1) each mediator shall first have received
40 hours of training as prescribed by Texas law.
(2) each mediator shall have some expertise
in the area of the contested matter.
(3) if the mediator is an ALJ at SOAH, that
person may not also sit as the judge for the case if the contested case goes to
a formal contested case hearing.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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