(a) Except as otherwise prohibited by the Code, DADS or any affected facility may elect arbitration as an alternative to a contested case proceeding or to a judicial proceeding relating to any of the following disputes arising under the Code, Subchapter H-2:
  (1) renewal of a license under §242.033;
  (2) suspension, revocation, or denial of a license under §242.061;
  (3) assessment of a civil penalty under §242.065; or
  (4) assessment of a monetary penalty under §242.066; or
  (5) assessment of a penalty as described in §32.021(n), Human Resources Code.
(b) Arbitration may not be elected if the facility has had an arbitration order levied against it in the previous five years.
(c) The election of arbitration is a representation that the party choosing arbitration is solvent and able to bear the costs of the proceeding. In cases where the facility is responsible for paying SOAH's costs and expenses, SOAH will require that an authorized representative of the facility provide:
  (1) a deposit for the costs of the proceeding, based on SOAH's reasonable determination of the amounts expected to be incurred; and
  (2) an affidavit acknowledging the facility's responsibility and duty to pay SOAH's costs and expenses.
(d) An election to engage in arbitration under this chapter is irrevocable and binding on the facility and DADS. However, an election does not preclude the parties from reaching an agreed resolution of a dispute that has been submitted for arbitration at any time during the arbitration process before the final order has been issued by the arbitrator.

Source Note: The provisions of this §163.51 adopted to be effective February 17, 2016, 41 TexReg 1111