SECTION 60.406. Commencement of Mediation  


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  • (a) Mediation may begin, at the discretion of the director of enforcement, any time after the department anticipates initiation of an adverse action against a person.

    (b) The department may issue a notice of mediation along with a notice of alleged violation, a notice of continued license restrictions, or a notice of a proposed denial, as described under Subchapter I.

    (c) Prior to the submission of a Request for Docket Case form to SOAH, and with agreement of all parties, the ADR Administrator may schedule mediation upon any party's request.

    (d) After a Request for Docket Case form has been submitted to SOAH, the contested case is subject to SOAH's procedures under 1 TAC Chapter 155, and it is at the discretion of the ALJ whether mediation may apply or may continue to apply to a contested case.

Source Note: The provisions of this §60.406 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694