(a) At the discretion of the Director of Enforcement and with the consent of all parties, mediation with an outside mediator may be scheduled between the Commission and a respondent or applicant when the Commission anticipates initiation of an adverse action against a respondent or applicant or any time after initiation.     
      (b) SOAH mediators, employees of other agencies who are mediators, and private pro bono mediators may be assigned to contested matters as needed. Each such mediator shall:      
        (1) have received at least 40 hours of Texas mediation training; and       
        (2) have some expertise in the area of the contested matter.       
      (c) If the mediator is a SOAH judge, that person will not sit as the administrative law judge for the case if the contested matter goes to a SOAH hearing.     
      (d) Upon unanimous motion of the parties and at the discretion of the administrative law judge, this section applies to a case referred to SOAH.     
      (e) Respondents or applicants participating in a mediation will pay one-half of any fees incurred for the mediation directly to the Commission before mediation begins.     
     Source Note:        The provisions of this §533.33 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050