SECTION 175.108. Commencement of the ADR Process and ADR Procedures

(a) To initiate the ADR process, a party to a contested matter must submit a written ADR proposal form to the ADR Coordinator. The ADR proposal form can be found on the VLB's website at www.glo.state.tx.us/vlb/. Upon completion of the form, it should be submitted to the ADR Coordinator at the website address or fax number listed with copies sent to any other parties to the dispute.

(b) ADR procedures under this subchapter may begin, at the discretion of the ADR Coordinator, anytime after a party to a contested matter submits a written ADR proposal requesting the use of ADR procedures to resolve a dispute with the VLB.

(c) The ADR Coordinator shall provide the Commissioner a copy of the ADR proposal for review, discuss it with the interested parties, as appropriate, and assess whether ADR would assist in fairly and expeditiously resolving the dispute.

(d) If the parties, including the Commissioner and the ADR Coordinator, cannot agree on whether the ADR procedure should be used or on the particulars of the ADR procedure, the ADR Coordinator will notify the affected parties of that outcome and the proposal will be dismissed without opportunity for resubmission to the ADR Coordinator in the future.

(e) The ADR Coordinator will promptly notify all affected parties within ten (10) business days of receiving the ADR proposal, or as soon as reasonably possible if a pertinent or impending deadline is indicated in the ADR proposal, whether or not the dispute will be referred for the ADR process. If the ADR Coordinator determines not to refer the dispute to ADR, the notice shall include the reasons that the dispute was not referred. If the ADR Coordinator determines to refer the dispute to ADR, the notice shall include the starting date for the selected ADR.

Source Note: The provisions of this §175.108 adopted to be effective April 20, 2009, 34 TexReg 2543