Section 7.8 - Alternative Dispute Resolution(a) It is the Board's policy to encourage the resolution and early settlement of all disputed matters, internal and external, through voluntary settlement procedures.(b) The executive director shall designate at least one employee of the Board to serve as the Board's alternative dispute resolution coordinator to: (1) coordinate the implementation of the Board's alternative dispute resolution policies;(2) serve as a resource for any training needed to implement the procedures for negotiated rule-making or alternative dispute resolution; and(3) collect data concerning the effectiveness of these procedures, as implemented by the Board.(c) The Board, a respondent, the executive director, or any other party involved in an internal or external disputed matter may request that the matter be resolved through any manner of alternative dispute resolution specified in Chapter 154, Civil Practice and Remedies Code, including mediation, arbitration, and moderated settlement conferences, or through the appointment of an ombudsman. The parties may agree to follow the guidelines established by the State Office of Administrative Hearings relating to alternative dispute resolution, to the extent possible.(d) The allocation of the costs of alternative dispute resolution is subject to negotiation and agreement between the parties. In the absence of an agreement, the costs of alternative dispute resolution shall be allocated by the third-party mediator, moderator, arbitrator, or ombudsman.(e) Any resolution reached as a result of an alternative dispute resolution procedure is intended to be through the voluntary agreement of the parties. Any resolution that purports to bind the Board must be approved by the Board at a meeting subject to the Texas Open Meetings Act, Chapter 551, Government Code.(f) The Board is subject to the Texas Public Information Act, Chapter 552, Government Code. Any written record, communication, or other material is confidential only to the extent provided by law and subject to the exemptions provided in that Act.22 Tex. Admin. Code § 7.8
The provisions of this §7.8 adopted to be effective November 21, 2004, 29 TexReg 10509