Current through Register Vol. XLI, No. 50, December 13, 2024
Section 28-3-7 - Alternate Dispute Resolution7.1. The board may on its own motion or by stipulation of the parties refer any complaint to mediation: Provided, That complaints demonstrating probable cause of the existence of imminent safety and/or health hazards may not be referred to mediation.7.2. The board may maintain a list of mediators with expertise in professional and occupational licensing matters or may obtain a list of qualified mediators from the West Virginia center for dispute resolution or the West Virginia state bar mediator referral service. Division staff may be utilized to prepare any mediation agreement.7.3. A notice of the mediation must be provided to the parties by certified mail at least twenty days in advance of the mediation date. The notice must contain the time, date and location of the mediation and the issues to be mediated.7.4. The mediation is not considered a proceeding open to the public and any reports and records introduced at the mediation are not part of the public record. The mediator and all participants in the mediation shall maintain and preserve the confidentially of all proceedings and records. The mediator may not be subpoenaed or called to testify or otherwise be subject to process requiring disclosure of confidential information in any proceeding relating to or arising out of the complaint matter mediated: Provided, That any confidentiality agreement and any written agreement made and signed by the parties as a result of the mediation may be used in any proceeding subsequently instituted to enforce the written agreement. The agreement may be used in other proceedings if the parties agree to the use in writing.7.5. The written agreement made and signed by the parties as a result of the mediation is binding and must list the issues resolved, the corrective actions, if any, agreed to, with the time frames and any issues not resolved at the mediation.7.6. A mediated agreement under the provisions of this section does not waive a contractor's potential liability for board disciplinary action if the board determines that the contractor has violated any provisions of West Virginia code § 21-11-1, et seq., or legislative rules promulgated pursuant to that article.7.7. Any issues not resolved at mediation are returned to the board for formal hearing pursuant to the provisions of section 6 of this rule.