SECTION 175.110. Complete Settlement Agreements through ADR

(a) All parties participating in an ADR procedure are expected to make a good faith effort to reach agreement.

(b) All parties participating must have the authority to reach an agreement to make a final recommendation to resolve the dispute.

(c) The Commissioner will abide by an agreed upon resolution to the dispute and either approve the agreement or offer the recommendation to the VLB, if Board authorization is needed.

(d) The decision to reach an agreement by all parties is voluntary.

(e) Each party to a resolution resulting from ADR must execute a written agreement reflecting the resolution. The agreement is enforceable in the same manner as any other written agreement of the same nature with the State.

(f) The Commissioner must approve a written agreement, to which the VLB Executive Secretary or the VLB Board members are signatories resulting from the ADR procedure and it is subject to the Public Information Act, Chapter 552, Texas Government Code.

Source Note: The provisions of this §175.110 adopted to be effective April 20, 2009, 34 TexReg 2543