(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. 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 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.

Source Note: The provisions of this §157.33 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 14, 2018, 43 TexReg 3097; amended to be effective May 26, 2022, 47 TexReg 3049