The department must set up and follow procedures to encourage negotiated rulemaking and alternative dispute resolution, name a primary mediator, appoint a coordinator, train that person within 180 days, notify requesters of key limitations, and not use ADR to delay proceedings.
Sec. 2306.082. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The department shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008 for the adoption of department rules; and (2) appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the department's jurisdiction. (b) The department's procedures relating to alternative dispute resolution must designate the State Office of Administrative Hearings as the primary mediator and, to the extent practicable, conform to any guidelines or rules issued by that office. (c) The department shall designate a person employed by or appointed to the office of the director but who is not in the legal division to coordinate and process requests for the alternative dispute resolution procedures. The person must receive training from an independent source in alternative dispute resolution not later than the 180th day after the date the person was designated to coordinate and process requests for the alternative dispute resolution procedures. (d) The department shall notify a person requesting the alternative dispute resolution procedures that: (1) an alternative dispute resolution decision is not binding on the state; and (2) the department will mediate in good faith. (e) The alternative dispute resolution procedures may be requested before the board makes a final decision. (f) Notwithstanding any other provision of this section, the alternative dispute resolution procedures may not be used to unnecessarily delay a proceeding under this chapter. Added by Acts 2003, 78th Leg., ch. 330, Sec. 7, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 18, eff. September 1, 2007.