(a) Policy. It is the Commission's policy to encourage the use of negotiated rulemaking under Government Code, Chapter 2008, and appropriate alternative dispute resolution procedures under Government Code, Chapter 2009.
(b) Negotiated Rulemaking. The Commission, the Executive Director (for lottery rules), or the Charitable Bingo Operations Director (for charitable bingo rules), either on it/his/her own initiative or in response to a request from an interested person(s), may propose to engage in negotiated rulemaking to obtain assistance in drafting a proposed rule, in accordance with the provisions of Government Code, Chapter 2008. By way of example only, negotiated rulemaking may be appropriate when multiple constituencies are involved; the subject matter is complex or controversial; or the Commission lacks complete information.
  (1) When negotiated rulemaking is proposed, the Executive Director (for lottery rules) or the Charitable Bingo Operations Director (for charitable bingo rules), or their designee, shall be the negotiated rulemaking convener.
    (A) The convener shall assist in identifying persons who are likely to be affected by a proposed rule, including those who oppose the issuance of a rule. The convener shall discuss with those persons or their representatives the items listed in Government Code §2008.052(c).
    (B) The convener shall then recommend to the Commission whether negotiated rulemaking is a feasible method to develop the proposed rule and shall report on the relevant considerations, including the items listed in Government Code §2008.052(d).
  (2) Upon consideration of the convener's recommendation, the Commission may approve Commission staff to engage in negotiated rulemaking in accordance with the provisions of Government Code, Chapter 2008. The Commission may authorize the staff to perform the duties and requirements set forth in Chapter 2008, including providing any required notices, establishing a negotiated rulemaking committee and appointing the members of the committee, and appointing a facilitator.
(c) Alternative Dispute Resolution. The Commission encourages the fair and expeditious resolution of internal and external disputes under the Commission's jurisdiction through alternative dispute resolution (ADR) procedures. ADR procedures include any procedure or combination of procedures described by Civil Practice and Remedies Code, Chapter 154. ADR procedures are intended to supplement and not limit other dispute resolution procedures available for use by the Commission.
  (1) Any ADR procedure used to resolve disputes under the Commission's jurisdiction shall conform with Government Code, Chapter 2009, and, to the extent possible, the model guidelines for the use of ADR issued by the State Office of Administrative Hearings (SOAH).
  (2) The Commission, the Executive Director, or the Charitable Bingo Operations Director, either on it/his/her own initiative or in response to a request from a person involved in a dispute with the Commission, may direct an unresolved internal or external dispute, including but not limited to a lottery or bingo licensing matter, a bingo audit matter, a personnel matter, or a contested case to ADR, and will determine, in consultation with the Legal Services Division staff, which method of ADR is most appropriate.
  (3) Breach of Contract Claims. Notwithstanding the foregoing, contract claims asserted by a contractor against the Commission are governed by Government Code, Chapter 2260 and the Commission Rules at §§403.201 - 403.223 of this title (relating to General Administration), and not this section.
(d) The Commission may adopt written procedures to further implement negotiated rulemaking and ADR procedures under this section, including procedures to designate a coordinator to implement the Commission's policy under this section and to collect data concerning the effectiveness of negotiated rulemaking and ADR procedures.

Source Note: The provisions of this §403.115 adopted to be effective January 1, 2014, 38 TexReg 9551