(a) The commission shall establish a pool of commission staff mediators to resolve contested matters through ADR procedures.
  (1) To the extent practicable, each mediator shall receive 40 hours of formal training in ADR procedures through programs approved by the ADR director.
  (2) Other individuals may serve as mediators on an ad hoc basis in light of particular skills or experience which will facilitate the resolution of individual contested matters.
(b) SOAH mediators, employees of other agencies who are mediators, and private pro bono mediators may be assigned to contested matters as needed.
  (1) Each mediator shall first have received 40 hours of Texas mediation training as prescribed by Texas law.
  (2) Each mediator shall have some expertise in the area of the contested matter.
  (3) If the mediator is a SOAH judge, that person will not also sit as the judge for the case if the contested matter goes to public hearing.

Source Note: The provisions of this §40.5 adopted to be effective June 6, 1996, 21 TexReg 4726.