- (a) Alternative Resolution of Appeal. If an enforcement action is appealed, SML may resolve the matter through negotiation, mediation, agreed order, consent order, informal settlement conference, alternative dispute resolution, or other appropriate means.
(b) Informal Settlement Conferences. An individual or entity subject to an enforcement action may request an informal settlement conference. An informal settlement conference does not create any new rights or obligations. Informal settlement conferences:
- (1) are conducted at the discretion of legal and enforcement staff;
- (2) may not be requested for purposes of delay; and
- (3) may be conducted remotely, including by phone or videoconference.
- (c) Mediation. SML may, at the discretion of the Commissioner or his or her designee, arrange for the services of a qualified mediator or subject matter expert to assist in resolving complaints or other matters.
- (d) Hearings. Hearings are governed by the rules in Chapter 9 of this title (relating to Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings). Cases referred to the State Office of Administrative Hearings (SOAH) are also governed by SOAH's rules in 1 TAC Chapter 155 (concerning Rules of Procedure). All hearings are held in Austin, Texas. An appeal for judicial review under Government Code §2001.171 must be brought in a district court in Travis County, Texas.
Source Note:The provisions of this §51.100 adopted to be effective July 14, 2022, 47 TexReg 3962; amended to be effective July 10, 2025, 50 TexReg 3867.