- (a) To initiate the ADR process, a party to a contested matter must submit a written ADR request to the ADR Coordinator. The request must be submitted to the ADR Coordinator 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, at any time after a party to a contested matter submits a written ADR proposal requesting the use of ADR procedures to resolve a dispute with the board.
- (c) The ADR Coordinator shall provide the chairman 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, the chairman, 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.
- (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; amended to be effective July 28, 2025, 50 TexReg 4969.