Texas Administrative Code Title 1 Section 72.2
1 Texas Administrative Code § 72.2 – State Seal Defined “State seal” means the state seal, the reverse of the state seal, and the state arms as defined by Article IV, Section 19 of the Texas Constitution and § RSA 3101.001 and § RSA 3101.002, Government Code. (1) The “state seal” is a star of […]
Texas Administrative Code Title 1 Section 72.1
1 Texas Administrative Code § 72.1 – Definitions (a) “Abuse” means any departure from reasonable use, such as immoderate or improper use; use contrary to customary or accepted practices and protocols; or use which may discredit the state or improperly suggest state endorsement or sponsorship. (b) “Annual gross receipts” means the total amount of money […]
Texas Administrative Code Title 1 Section 71.125
1 Texas Administrative Code § 71.125 – Referral to State Office of Administrative Hearings If mediation does not resolve the claim to the satisfaction of the contractor, the contractor may request that the claim be referred to SOAH in accordance with § RSA 71.107 of this subchapter (relating to Request for Contested Case Hearing.)
Texas Administrative Code Title 1 Section 71.123
1 Texas Administrative Code § 71.123 – Final Settlement Agreement A final settlement agreement reached during or as a result of a mediation that resolves an entire claim or counterclaim, or any designated and severable portion of a claim or counterclaim, shall comply with § RSA 71.103 of this subchapter (relating to Settlement Agreement).
Texas Administrative Code Title 1 Section 71.121
1 Texas Administrative Code § 71.121 – Initial Settlement Agreement Any settlement agreement reached during a mediation shall be signed by representatives of the contractor and the unit of state government, and shall describe any procedures that the parties must follow to obtain final and binding approval of the agreement.
Texas Administrative Code Title 1 Section 71.119
1 Texas Administrative Code § 71.119 – Settlement Approval Procedures The parties prior to the mediation shall disclose the parties’ settlement approval procedures. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend […]
Texas Administrative Code Title 1 Section 71.117
1 Texas Administrative Code § 71.117 – Costs of Mediation Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with a mediation, including without limitation, costs of document reproduction, attorney’s fees, consultant fees and expert fees. The cost of the mediator shall be divided equally […]
Texas Administrative Code Title 1 Section 71.115
1 Texas Administrative Code § 71.115 – Confidentiality of Mediation and Final Settlement Agreement (a) A mediation conducted under this subchapter is confidential in accordance with the Government Code, § RSA 2009.054. (b) The confidentiality of a final settlement agreement to which a unit of state government is a signatory that is reached as a […]
Texas Administrative Code Title 1 Section 71.113
1 Texas Administrative Code § 71.113 – Qualifications and Immunity of the Mediator The mediator shall possess the qualifications required under the Civil Practice and Remedies Code, § RSA 154.052, be subject to the standards and duties prescribed by the Civil Practice and Remedies Code, § RSA 154.053 and have the qualified immunity prescribed by […]
Texas Administrative Code Title 1 Section 71.111
1 Texas Administrative Code § 71.111 – Agreement to Mediate The parties may agree to mediate a claim through an impartial third party. For purposes of this subchapter, “mediation” is assigned the meaning set forth in the Civil Practice and Remedies Code, § RSA 154.023. The mediation is subject to the provisions of the Governmental […]