Ga. Comp. R. & Regs. R. 672-19-.06 - Mediation Board Procedures

(1) Petition for Mediation. Whenever a Notice of Potential Dispute regarding an issue outlined in Section 672-19-.04(1) has been filed and at the end of the Escalation Process the potential dispute has not been resolved, the Utility or the Department may file a Petition for Mediation with a request that a Mediation Board be convened to hear and decide the dispute. The Petition for Mediation shall be initiated by sending a copy of the petition to each Party involved in the dispute.

(2) Contents of Petition for Mediation. A uniform Petition for Mediation provided by the Department shall be used. The Petition shall be date-stamped by the Department immediately upon receipt. The following must accompany the Petition:

(a) A certification that the Petitioner has served a copy of the Petition for Mediation on the Department and that formal mediation is being sought;

(b) A narrative statement of the facts underlying the dispute(s), including statements as to what remedy is being sought by the Petitioner and what steps, if any, have previously been taken to resolve the disputes(s);

(c) A notarized signature by the authorized representative of the Petitioner;

(d) A detailed statement of all disputes and issues the Petitioner is submitting for resolution by the Mediation Board and a statement identifying the Parties that are necessary to resolve the dispute. This statement may be amended prior to the hearing subject to approval by the Mediation Board; and

(e) A statement by the Department that the dispute by the Contractor, (if applicable) should proceed.

(3) Response to Petition for Mediation. After submission of the Petition for Mediation, or any amendment thereto, then all parties identified in the Petition may submit to the Mediation Board a response to the Petition for Mediation. The response will be submitted in accordance with time periods established by the Mediation Board, and served on all other parties to the dispute.

(4) Filing Procedures. The Petition for Mediation shall be submitted to the Department. Once the Mediation Board for that dispute is established all additional correspondence and submittals shall be submitted directly to that Mediation Board.

(5) Certification of Petition. Upon receipt of a Petition for Mediation, the Department shall have five (5) working days to review the Petition for Mediation and determine whether it is properly filed. If it is determined that a Petition for Mediation is properly filed, it shall certify the Petition for Mediation. Once the Petition for Mediation is certified, the procedures for the Mediation Board shall begin and the Mediation Board shall be established within 30 days in accordance with 672-19-.05(2). If the Petition for Mediation has been improperly filed, the Petition for Mediation may either be dismissed or the Petitioner may be given the opportunity to take remedial actions to correct any deficiencies. Such corrections must be made within five (5) working days of the date of notification of deficiencies in the Petition for Mediation.

(6) Appeal of Certification. Within two (2) working days after certifying a Petition for Mediation, all necessary Parties shall be provided notice that the Petition for Mediation has been filed and indicate in the notice the nature of the issues in dispute. If a potentially affected Party believes that the Petition for Mediation has been either erroneously certified or that a Petition for Mediation has been erroneously dismissed, that Party may appeal the decision to the Department or its designee. Such appeal must be in writing setting forth the factual basis of the alleged error, signed by an official representing the Party, faxed or mailed to the Department, and received by the Department within five (5) working days of the Department's or designee's notification of potentially affected Parties.

(7) Location of Hearing. The hearing on the disputes and issues submitted by the Petitioner shall be held at a location mutually agreed upon by the utility, the Department, and the Mediation Board. If no agreement can be reached, the Mediation Board shall make a binding decision on such location. The Department shall provide a location for the hearing if mutually desired or if no other location is available. The Mediation Board shall provide reasonable notice in writing to the parties as to the location and the time of the hearing.

(8) Hearing Procedures.

(a) Process. At the hearing, the Mediation Board shall afford each Party an opportunity to present evidence and make an oral argument. At the discretion of the Mediation Board, it may allow for or request written submittals during or following the hearing. Unless the Parties otherwise agree, the provisions of Code Sections 50-13-13, 50-13-14, and 50-13-15, relating to proceedings in a contested case under the Georgia Administrative Procedure Act, shall not apply to the hearing before the Mediation Board. Prior to the hearing and after the hearing has begun, the Mediation Board has sole discretion regarding granting continuances or postponements.

(b) Representation. Each party to the mediation must designate representatives who shall be present at the mediation sessions. Failure of a Party to provide a representative will constitute bad faith on the part of that Party.

(9) Costs. Each Party will pay the costs of the Mediation Board member that it selected. Costs associated with the third Mediation Board member will be divided equally between the Parties. Any other costs not associated with a particular Mediation Board member, including but not limited to hearing room rental, copying charges and court reporter fees, will be divided equally between the Parties. In the event the Mediation Board determines that any Party is acting in bad faith, the Mediation Board may recommend that all costs associated with the Mediation be assessed against that Party.

(10) Decision. The mediators shall decide each issue presented by a majority vote. Within a reasonable time after the conclusion of the hearing, the Mediation Board shall issue a final decision in writing with regard to each dispute that is submitted to the Mediation Board for resolution. The original final decision shall be served on the Department with a copy to every other Party involved in the dispute. Such decision, which shall be a public document, will include a factual summary of the issues involved in the conflict and the procedures followed during the Mediation. All final decisions of the Mediation Board shall be subject to de novo review in the Superior Court of Fulton County by way of a petition for judicial review filed by the Department or the Utility within thirty (30) days after service of the final decision.

(11) Conclusion. The formal mediation period is intended to last until an agreement is reached or 60 days, whichever occurs first. The decision shall be issued within 60 days, unless the parties mutually agree to extend the time for a decision.

Notes

Ga. Comp. R. & Regs. R. 672-19-.06

Authority O.C.G.A. Secs. 32-2-2, 32-2-81, 50-13-4.

Original Rule entitled "Mediation Board Procedures" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.