(a) Alternative Resolution of Appeal. If legal or enforcement staff determines an enforcement action that has been appealed may be resolved without a hearing, legal or enforcement staff may pursue settlement through negotiation, mediation, agreed order, consent order, informal settlement conference, alternative dispute resolution, or other appropriate means.     
      (b) Informal Settlement Conferences. The Department may conduct an informal settlement conference in order to resolve an enforcement action that has been appealed. An individual or entity subject to an enforcement action may request an informal settlement conference. An informal settlement conference does not create any new rights or obligations. Informal settlement conferences:      
        (1) are conducted at the discretion of legal or enforcement staff;       
        (2) may not be used as a delay tactic; and       
        (3) may be primarily conducted remotely, including solely over the phone or videoconference, or by email.       
      (c) Mediation. As applicable under Finance Code §13.017, the Department may, at the discretion of the Commissioner or his or her designee, arrange for the services of a qualified mediator or subject matter expert to assist in resolving complaints or other matters.     
      (d) Hearings. Hearings may be conducted in accordance with Chapter 9 of this title (relating to Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings), with Texas Government Code Chapter 2001, and may be conducted by the State Office of Administrative Hearings (SOAH).     
     Source Note:        The provisions of this §51.100 adopted to be effective July 14, 2022, 47 TexReg 3962