In accordance with Texas Government Code, §2306.082, it
is the Department's policy to encourage the use of appropriate ADR
procedures under the Governmental Dispute Resolution Act, Texas Government
Code, Chapter 2010, to assist in resolving disputes under the Department's
jurisdiction. As described in Civil Practices and Remedies Code, Chapter
154, ADR procedures include mediation. Except as prohibited by law
and the Department's Ex Parte Communications policy, the Department
encourages informal communications between Department staff and Applicants,
and other interested persons, to exchange information and informally
resolve disputes. The Department also has administrative appeals processes
to fairly and expeditiously resolve disputes. If at any time an Applicant
or other person would like to engage the Department in an ADR procedure,
the person may send a proposal to the Department's Dispute Resolution
Coordinator. For additional information on the Department's ADR Policy,
see the Department's General Administrative Rule on ADR at §1.17
of this title. Any Applicant may request an informal conference with
staff to attempt to resolve any appealable matter, and the Executive
Director may toll the running of periods for appeal to accommodate
such meetings. In the event a successful resolution cannot be reached,
the statements made in the meeting process may not be used by the
Department as admissions.


Source Note: The provisions of this §10.904 adopted to be effective December 22, 2014, 39 TexReg 9934