Section 224.90 - Mediation(a) Except as provided by subsection (b), parties to a contested case filed under this subchapter are required to participate in mediation before the department will refer a contested case to SOAH for a hearing.(b) This section does not limit the parties' ability to settle a case without mediation.(c) The department will provide mediation services by a staff member qualified to serve as an impartial third party in accordance with Civil Practice and Remedies Code, Chapter 154.(d) The mediation will conclude within 60 days of the date a contested case is assigned to a department mediator, unless the mediation deadline is extended. The department mediator may extend the mediation deadline based on a written request by a party or at the department mediator's discretion.(e) If the parties do not agree on a mediation date within 30 days, the department mediator may set a date for mediation by notifying the parties in writing at least 10 days before the mediation date.(f) At the discretion of the department mediator, a party may participate in scheduled mediation either in person or remotely using telephonic or videoconferencing technology.(g) A party that declines to use the assigned department mediator shall: (1) confer with each contested case party; and(2) within 30 days of receiving notice from the department under §224.88 of this title (relating to Docketing and Notice of a Protest or Complaint), file with the department a joint notice of intent to retain a private mediator.(h) The joint notice of intent to retain a private mediator must include: (1) the name, address, email address, and telephone number of the private mediator agreed upon by the parties;(2) a statement that the parties have entered into an agreement with the private mediator regarding the mediator's rate, method of compensation, and party responsibility for fee payment;(3) an affirmation that the private mediator qualifies for appointment as an impartial third party in accordance with Civil Practice and Remedies Code, Chapter 154;(4) a statement that the mediation will conclude within 60 days of the department's notice under §224.88 of this title, unless the mediation deadline is extended at the department's discretion; and(5) the signature of each party or authorized representative.(i) All communication and documents provided by a contested case party or invited person in a mediation are confidential and subject to the Governmental Dispute Resolution Act, Government Code, § 2009.054.(j) An agreement reached by the contested case parties in mediation shall be reduced to writing and signed by the parties.(k) Within 10 days of the conclusion of a mediation, a mediator shall provide to the department and to the parties a written report stating: (1) whether the parties attended and participated in the mediation;(2) whether the matter settled in part or in whole;(3) any unresolved issues remaining in the contested case; and(4) any other stipulations or matters the parties agree to report.(l) Upon receipt of the mediator's report required under this section, the department shall: (1) enter an order disposing of resolved issues;(2) refer unresolved issues to SOAH for a hearing on the merits; and(3) inform SOAH whether a party refused to attend or participate in a mediation.(m) If a party refused to attend or participate in a mediation, an ALJ may recommend a sanction in the proposal for decision.43 Tex. Admin. Code § 224.90
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2783, eff. 6/1/2024