SECTION 5.4234. Mediation Process - Removal of Mediator from Roster

(a) Voluntary removal. A mediator may request removal from the roster at any time. The mediator must submit the request under §5.4251 of this title (relating to Requests and Submissions to the Department).

(b) Removal by department. The department may, in its sole discretion, remove a mediator from the mediator roster for:

(1) alleged dishonest, incompetent, fraudulent, or unethical behavior;

(2) alleged failure to respond promptly and completely to requests from the department and where the actions or failure to act are counter to the purpose of mediation;

(3) a disciplinary action by any other agency or disciplinary authority against the mediator, regardless of whether the agency or disciplinary authority's regulation relates to mediation;

(4) conviction of, or accepting deferred adjudication for, a crime under state or federal law;

(5) a disqualifying conflict of interest listed in §5.4232 of this title (relating to Mediation Process - Mediator Qualifications and Conflicts of Interest);

(6) failure to comply with any requirement of this title; or

(7) other factors relevant to the mediator's qualifications, conflicts of interest, or performance.

Source Note: The provisions of this §5.4234 adopted to be effective February 14, 2013, 38 TexReg 653