ADR LAW & POLICY UPDATE

Federal Cases

Arbitrator, Not Court, Determines Proper Form of Arbitral Proceedings When Agreement Is Ambiguous
Dorinco Reinsurance Co. v. Ace American Ins. Co., No. 07-12622, 2008 WL 192270 (E.D. Mich. Jan. 23, 2008)
1/23/2008

When an arbitration agreement is ambiguous as to the proper form of proceedings, that matter is reserved for determination by the arbitrator instead of a court, according to a federal district court in Michigan.

In Dorinco Reinsurance Co. v. Ace American Ins. Co., No. 07-12622, 2008 WL 192270 (E.D. Mich. Jan. 23, 2008), Dorinco entered into multiple contracts for reinsurance with sixteen different companies. After Dorinco's client suffered losses during Hurricanes Rita and Katrina and the parties disagreed on the value of the losses, Dorinco sought to compel arbitration of the dispute... Full Story

Arbitration Agreement's "American Rule" Statement Not Read as an Impermissible Bar to Statutory Award of Attorney's Fees
Herrera v. Katz Communications, Inc., No. 07 Civ. 8426(JSR), 2008 WL 257250 (S.D.N.Y. Jan. 31, 2008)
1/31/2008

A statement of the American rule of fee allocation in an arbitration agreement does not necessarily constitute an impermissible denial of a statutory right to attorney's fees in arbitration, according to a federal district court in New York.

In Herrera v. Katz Communications, Inc., No. 07 Civ. 8426(JSR), 2008 WL 257250 (S.D.N.Y. Jan. 31, 2008), Herrera and Katz executed an employment contract containing an arbitration agreement when Herrera began employment. Later, Herrara brought claims of breach of contract and violation of the Family and Medical Leave Act (FMLA) against Katz... Full Story

Court Holds Arbitration Agreement that Reserved Judicial Remedies Exclusively for Party with Greater Bargaining Power Unconscionable
DePrizio v. LTS Realty Co., No. 3:CV-05-2273, 2008 WL 169640 (D. Pa. Jan. 16, 2008)
1/16/2008

A Pennsylvania federal district court determined that an arbitration agreement that reserved judicial remedies exclusively for a construction company, but required its customers to submit all disputes to arbitration was unconscionable, and therefore unenforceable.

In DePrizio v. LTS Realty Co., No. 3:CV-05-2273, 2008 WL 169640 (D. Pa. Jan. 16, 2008), DePrizio entered into a contract for the construction of a home with LTS... Full Story

Plaintiff Who Procured Sham Arbitration Award Not Certified as Class Representative Due to "Misrepresentations" and "Dishonesty"
Bontempo v. Wolpoff & Abramson, L.L.P., Civ. A. No. 06-745, 2008 WL 163051 (W.D. Pa. Jan. 15, 2008)
1/15/2008

A Pennsylvania federal court has refused to certify a plaintiff as a class representative in a fair debt collection case because of the plaintiff's prior "misrepresentations" and "dishonesty" in the matter, including the procurement of a sham arbitration award.

In Bontempo v. Wolpoff & Abramson, L.L.P., Civ. A. No. 06-745, 2008 WL 163051 (W.D. Pa. Jan. 15, 2008), Bontempo filed a putative class action against Wolpoff & Abramson (W&A) for allegedly violating the Fair Debt Collection Practices Act in attempting to collect a credit card debt. Bontempo moved for class certification. W&A opposed the motion, claiming that Bontempo did not satisfy the four prerequisites in Fed. R. Civ. P. 23(a) required to certify a class action... Full Story

Usage of Trade and Course of Dealing in Maritime Transactions Precludes Characterization of Arbitration Agreement as "Material Alteration"
Oceanconnect.com, Inc. v. Chemoil Corp., Civ. A. No. H-07-1053, 2008 WL 194360 (S.D. Tex. Jan. 23, 2008)
1/23/2008

A federal district court in Texas adopted magistrate judge recommendations determining that the addition of an arbitration agreement was not an unenforceable material alteration of a commercial contract in maritime commerce.

In Oceanconnect.com, Inc. v. Chemoil Corp., Civ. A. No. H-07-1053, 2008 WL 194360 (S.D. Tex. Jan. 23, 2008), Chemoil moved to compel arbitration of a dispute with Oceanconnect regarding a contract to sell fuel oil bunkers. Chemoil had altered the contract during negotiations by adding an arbitration agreement to the terms of the contract. At the contract's execution, Oceanconnect did not object to the arbitration agreement... Full Story

State Cases

Arbitration Agreements "Part of the Bargain" If Conspicuous or Brought to Attention Elsewhere in the Contract
Tortoriello v. Gerald Nissan of North Aurora, Inc., No. 2-07-0322, 2008 WL 160549, (Ill. App. Ct. Jan. 11, 2008)
1/11/2008

Under Illinois law, arbitration agreements are considered an enforceable "part of the bargain" if the agreement is either conspicuous or brought to the consumer's attention elsewhere in the contract, according to the Illinois Appellate Court.

In Tortoriello v. Gerald Nissan of North Aurora, Inc., No. 2-07-0322, 2008 WL 160549, (Ill. App. Ct. Jan. 11, 2008), Tortoriello bought a used car from Gerald Nissan (Gerald). The first sales contract was rejected by the financing company, so the parties executed a second contract several days later. While some terms differed between the contracts, both contained an arbitration agreement... Full Story

Party's Subsequent Willingness to Arbitrate Does Not Excuse Lack of Mutuality
Pronovost v. Aurora Loan Services, No. D049196, 2008 WL 142583 (Cal. Ct. App. Jan. 16, 2008)
1/16/2008

According to the California Court of Appeal, plain language in an arbitration agreement that indicates a lack of mutuality will be considered substantively unconscionable, and the later willingness of the unbound party to be mutually bound to the agreement does not abate that unconscionability.

In Pronovost v. Aurora Loan Services, No. D049196, 2008 WL 142583 (Cal. Ct. App. Jan. 16, 2008), Pronovost sued Aurora for wrongful termination. Aurora moved to compel arbitration pursuant to an arbitration agreement on the back of Pronovost's employment application. In opposing the motion, Pronovost argued that the arbitration agreement lacked mutuality and was thus unconscionable. The trial court denied the motion on that ground... Full Story

Parties Can Delegate Unconscionability Question to Arbitrator But Intent Must Be "Clear and Unmistakable"
Baker v. Osborne Development Corp., No. E042006, 2008 WL 256688 (Cal. Ct. App. Jan. 31, 2008)
1/31/2008

The California Court of Appeal held that the trial court properly resolved an unconscionability challenge to an arbitration agreement because there was not "clear and unmistakable" evidence of intent to submit that question to the arbitrator.

In Baker v. Osborne Development Corp., No. E042006, 2008 WL 256688 (Cal. Ct. App. Jan. 31, 2008), Baker sued Osborne for breach of contract, negligence, and breach of implied and express warranties stemming from the construction of a home. The purchase contract did not contain an arbitration agreement, but the documentation accompanying an express warranty on the home did contain an arbitration agreement... Full Story

Spousal Status Does not Provide Authority to Bind a Non-Signatory to a Health Care Arbitration Agreement
Hatley v. Superior Court, No. F052747, 2008 WL 240841 (Cal. Ct. App. Jan. 30, 2008)
1/30/2008

According to the California Court of Appeal, mere spousal status does not confer upon a patient's spouse the authority to bind the patient to an arbitration agreement with a health care provider.

In Hatley v. Superior Court, No. F052747, 2008 WL 240841 (Cal. Ct. App. Jan. 30, 2008), the Court considered whether a spousal relationship with a decedent was sufficient authority by itself to bind the decedent to arbitrate claims against a health care facility upon execution of an admissions contract with an arbitration agreement. Upon the California Supreme Court's remand on the issue, the Court directed the parties to show cause as to why the facility's motion to compel arbitration should not be vacated... Full Story

Magnuson-Moss Claims Not Arbitrable if Arbitration Agreement Does Not Comply with "Single Document Rule"
Larrain v. Bengal Motor Co., No. 3D07-132, 2008 WL 183495 (Fla. Ct. App. Jan. 23, 2008)
1/23/2008

According to a Florida appellate court, Magnuson-Moss Warranty Act claims are not arbitrable if the arbitration agreement is presented as a stand alone document in violation of the FTC's "single document rule," instead of within the warranty disclosure itself.

In Larrain v. Bengal Motor Co., No. 3D07-132, 2008 WL 183495 (Fla. Ct. App. Jan. 23, 2008), Larrain purchased a truck from Bengal. At the time of purchase, Larrain was presented with a 60 day limited warranty. Also, in a separate document, Larrain and Bengal executed an arbitration agreement, covering all claims arising out of the parties' dealings... Full Story

ADR Legislation & Regulation

LEGISLATION

AL H 30
AUTHOR: Newton D [D]
TITLE: Mediators
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: This bill provides that a mediator in any mediation may not be compelled in an adversary proceeding or a judicial proceeding to testify relating to the mediation or to divulge documents concerning the mediation.

AL H 358
AUTHOR: Page [D]
TITLE: Motor Vehicle Insurers and Towing
DISPOSITION: Pending
LOCATION: House Banking and Insurance Committee
Commentary: Relates to insurer's responsibility when insured vehicle is towed. This bill allows mediation and provides the procedure for mediation.

AZ H 2766
AUTHOR: Mason [R]
TITLE: Omnibus Energy Act
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Concerns the Omnibus Energy Act of 2008. Makes any agreement that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state void and unenforceable.

AZ S 1349
AUTHOR: McCune Davis [D]
TITLE: Home Equity Theft Prevention Act
DISPOSITION: Pending
LOCATION: Senate Financial Institutions, Insurance and Retirement Committee
Commentary: Makes amendments concerning the Home Equity Theft Prevention Act. Any contract provision requiring arbitration of any dispute arising under this act is void at the option of the equity seller.

CA A 436
AUTHOR: Salas [D]
TITLE: Medical Records
DISPOSITION: Failed
LOCATION: ASSEMBLY
Commentary: Generally: Prohibits any entity subject to the Health Insurance Portability and Accountability Act (HIPAA) from disclosing a patient's medical information, but allows exception if information is requested "by an arbitrator or arbitration panel, when arbitration is lawfully requested by either party, pursuant to a subpoena duces tecum..."

CA A 644
AUTHOR: Dymally [D]
TITLE: Arbitration Awards
DISPOSITION: Failed
LOCATION: ASSEMBLY
Commentary: This bill, a gut and amend of a former workers' compensation bill, proposes to amend the standards relating to arbitration awards. This bill would provide that the arbitration award shall be based upon, and consistent with, the law that would be applied by a California court. This bill would provide that all parties to the arbitration shall have the same rights of appeal to state courts of appeal as if their case had been tried in superior court. This bill additionally would require the court to vacate an arbitration award if the court determines that the award is inconsistent with the law that would be applied by a California court. Finally, this bill appears to allow parties to appeal arbitration awards directly to an appeals court, and not trial court: "All parties to the arbitration shall have the same rights of appeal to state courts of appeal as if their case had been tried in superior court."

CA A 1891
AUTHOR: Niello [R]
TITLE: Civil Procedure: Sanctions
DISPOSITION: Pending
LOCATION: ASSEMBLY
Commentary: Requires a trial court to order attorney fees in the case "of any filing, action, or tactic that is frivolous, clearly unjustified, or otherwise substantially devoid of merit in view of the permanent facts, the applicable law, and the cause or position asserted." It also applies to judicial arbitration proceedings.

CA S 389
AUTHOR: Yee [D]
TITLE: Health Care Coverage
DISPOSITION: Failed
LOCATION: SENATE
Commentary: Provides for independent ADR of billing disputes: "On or before March 1, 2008, the department shall implement an independent provider dispute resolution system. The department shall develop the system in consultation with representatives of health care service plans, providers, and consumer representatives. The department shall consider implementation of a system similar to the independent medical review system in Article 5.55 (commencing with Section 1374.30) to permit independent review of disputed provider complaints, claims, and payment levels."

CA S 526
AUTHOR: Cogdill [R]
TITLE: Property Taxation: Tax defaulted Property
DISPOSITION: Failed
LOCATION: SENATE
Commentary: Designed to protect the equity of property owners who are in default on property taxes; prohibits certain practices by equity purchasers, including mandatory binding arbitration: "(2) A provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter shall be void at the option of the equity seller."

CT S 21
INTRODUCER: McKinney [R]
TITLE: Mortgage Lending
DISPOSITION: Pending
LOCATION: Joint Committee on Banks
Commentary: Concerns mortgage lending; implements the Governor's budget recommendations. Amendments in relation to arbitration remove the reference to mandatory arbitration being void, and replace it to read that "a provision requiring the borrower to assert a claim or defense in a forum that is less convenient, more costly or more dilatory for the resolution of a dispute than a judicial forum" is void.

FL H 835
AUTHOR: Brise [D]
TITLE: Mortgage Rescue Fraud
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Amends an act relating "to mortgage rescue fraud; provides requirements for foreclosure consultant contracts and for rescission of such contracts; provides requirements for foreclosure conveyance contracts and for cancellation of such contracts; specifies prohibited activities for foreclosure consultants and foreclosure purchasers." As it related to arbitration, the bill is amended to state that "(1) Any provision in a contract that attempts or purports to require arbitration of any dispute arising under this act is void at the option of the owner."

FL S 1380
AUTHOR: Regulated Industries Cmt
TITLE: Electronic Gaming Machines
DISPOSITION: Pending
LOCATION: Senate Finance and Taxation Committee
Commentary: Authorizes electronic gaming machines in certain pari mutuel facilities; prohibits persons under 21 years of age from operating electronic gaming machines; provides for days and hours of operation of eligible facilities; provides for regulatory preemption to the state. As it relates to arbitration, the bill provides for the arbitration of disputes regarding licensure, including procedure for selection of arbitrators and the application of AAA commercial arbitration rules.

IL S 1873
SPONSOR: Clayborne [D]
TITLE: Amends the Cable and Video Competition Law of 2007
DISPOSITION: Pending
Commentary: Provides for arbitration before the AAA if an independent cable programmer has reason to believe that it has not been treated in a fair, reasonable, and nondiscriminatory manner concerning carriage of a competing programming channel.

IL S 1993
SPONSOR: Lightford [D]
TITLE: Payday Loan Reform Act
DISPOSITION: Pending
LOCATION: Senate Rules Committee
Commentary: Amends the Payday Loan Reform Act. Prohibits the inclusion of: " (B) a waiver of the right to a jury trial, if applicable, in any action brought by or against a consumer, unless the waiver is included in an arbitration clause allowed under subparagraph (C) of this paragraph (11); ... (C) a mandatory arbitration clause that is oppressive, unfair, unconscionable, or substantially in derogation of the rights of ...; [or a provision] (17) Charging for, or attempting to collect, attorney's fees, court costs, or arbitration costs incurred in connection with the collection of a payday loan" in a loan document.

IN H 1359
AUTHOR: Bardon [D]
TITLE: Various Financial Institutions Matters
DISPOSITION: Pending
Commentary: A lender making small loans, or an assignee of a small loan, shall not commit nor cause to be committed any of the following acts: (j) Including any of the following provisions in a loan document: (iii) A mandatory arbitration clause, unless the terms and conditions of the arbitration have been approved by the director of the department.

KY H 8 BR: 916
SPONSOR: Wilkey [D]
TITLE: Medical Malpractice
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: Amends filing requirements for medical malpractice insurance rates with the Office of Insurance; prohibits certain components from being included in a medical malpractice rate filing; restricts premiums for medical malpractice polices covering health care providers who deliver one or more babies per year. Amendments include: requirement to mediate all claims of professional negligence against health care providers and also outlines procedures for mediation.

KY H 134 BR: 897
SPONSOR: Cherry [D]
TITLE: Executive Branch Employees
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Relates to Executive Branch Employees. The Personnel Cabinet shall establish and administer the Kentucky Employee Mediation Program. The program shall coordinate mediations and the State Government Mediator Pool as defined by the Act.

ME H 1559 LD: 2189
AUTHOR: Priest [D]
TITLE: Equity Stripping
DISPOSITION: Pending
LOCATION: Joint Committee on Insurance and Financial Services
Commentary: Enacts measures designed to protect homeowners from equity stripping during foreclosures. As it relates to arbitration, the bill states that "Any provision in a contract entered into on or after the effective date of this chapter that attempts or purports to require arbitration of any dispute arising under this chapter is void at the option of the foreclosed homeowner."

ME S 555 LD: 1584
AUTHOR: Smith [R]
TITLE: Property Tax Valuation Disputes
DISPOSITION: Failed
LOCATION: Died
Commentary: Allows for arbitration of property tax valuation disputes.

MO S 1077
SPONSOR: Goodman [R]
TITLE: Construction Work Contracts
DISPOSITION: Pending
LOCATION: Senate Small Business, Insurance, and Industrial Relations Committee
Commentary: Relates to the treatment of indemnification and hold harmless clauses within construction work contracts. Amendments include: "5. All provisions, covenants, or clauses, in a construction work contract, pursuant to which a substantial portion of the construction work is to be performed in the state of Missouri, shall be made subject to the laws of this state. Any litigation, arbitration, or other dispute resolution proceeding arising from the contract shall be conducted in this state. Any provision, covenant, or clause, in a construction work contract that conflicts with the provisions of this section shall be void and unenforceable."

MS H 743
AUTHOR: McBride [D]
TITLE: Home Loan Protection Act
DISPOSITION: Pending
LOCATION: House Banking and Financial Services Committee
Commentary: Enacts the Mississippi Home Loan Protection Act. (10) No Mandatory Arbitration Clause. The bill states that "No high cost home loan may be subject to a mandatory arbitration clause that limits in any way the right of the borrower to seek relief through the judicial process for any or all claims and defenses the borrower may have against the creditor, broker, or other party involved in the loan transaction."

MS H 1276
AUTHOR: Banks [D]
TITLE: Arbitration Clause
DISPOSITION: Pending
LOCATION: House Judiciary B Committee
Commentary: Considers arbitration clauses to be nonbinding in certain contracts. Provides that "An arbitration clause in any contract between a seller or provider and a citizen of this state shall be considered nonbinding. Such citizen shall have all legal remedies available in the courts of this state in any matter that may be subject to such arbitration clause."

MS S 2798
AUTHOR: Dawkins [D]
TITLE: Payday Lending
DISPOSITION: Pending
LOCATION: Senate Business and Financial Institutions Committee
Commentary: Relates to payday lending. The Act states that an arbitration clause in a payday loan contract shall be unenforceable if the contract is unconscionable and provides for method to determine whether unconscionable.

NY S 6887
SPONSOR: Smith M [D]
TITLE: Predatory Lending
DISPOSITION: Pending
LOCATION: Senate Finance Committee
Commentary: This Act "Prohibits the state, public authorities, and political subdivisions and districts from participating in business with financial institutions engaging in predatory lending or that facilitate predatory lending through the purchase, sale, securitization or underwriting of predatory loans; and relates to high cost home loans" and prohibits mandatory arbitration clauses in high cost home loans.

OK S 1839
AUTHOR: Corn [D]
TITLE: The Uniform Arbitration Act
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary: Amends the Uniform Arbitration Act to read that it shall not apply to collective bargaining agreements and contracts which reference insurance, except for those contracts between insurance companies.

OK S 1852
AUTHOR: Lerblance [D]
TITLE: The Uniform Arbitration Act
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary: Amends Oklahoma's RUAA to state, "A consumer arbitration agreement is void and unenforceable except to the extent allowed by federal law."

OK S 1925
AUTHOR: Wilson [D]
TITLE: Public Health
DISPOSITION: Pending
LOCATION: SENATE
Commentary: This bill would prohibit health care providers from pursuing collection efforts, including, but not limited to, liens, litigations and credit agency reporting, for any billed amount in excess of the Medicare reimbursement rate. The bill also states that if, after three attempts to informally resolve a dispute over a billed charge, a third party payor and a health care provider cannot agree on the amount owed by the health care consumer, the Oklahoma Health Care Authority shall mediate the dispute through a formal dispute resolution process.

PA S 1 PN: 1726
AUTHOR: Pileggi [R]
TITLE: Right to Know Act of 1957
DISPOSITION: Pending
LOCATION: Bills on Concurrence in Senate Amendments
Commentary: Amends the Right to Know Act of 1957, establishing an informal mediation process to resolve disputes under the act. Also excepts from public record status a record pertaining to strategy or negotiations relating to an arbitration award. However, that doesn't apply to any final or executed contract or agreement or arbitration award between the parties.

PA S 1225 PN: 1738
AUTHOR: Pippy [R]
TITLE: Health and Safety Code
DISPOSITION: Pending
LOCATION: Senate Second Consideration
Commentary: Amends the Health and Safety Code. Amendments include a provision for arbitration in the event of a dispute over reimbursement. Provides that if the parties are unable to resolve the dispute in 90 days, it will proceed to arbitration before the AAA.

RI H 7336
AUTHOR: Schadone [D]
TITLE: Insurance
DISPOSITION: Pending
Commentary: Creates a cause of action for third party claimants in automobile accidents for unfair claims practices. Also provides guidelines for arbitration of motor vehicle accident claimants, but repeals the requirement for mandatory arbitration of such claims, replacing the requirement with the option to file for arbitration within certain financial limits.

TN H 4053
AUTHOR: Rinks [D]
TITLE: Hospitals and Health Care Facilities
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Concerns Hospitals and Health Care Facilities; provides that tort actions against long term care facilities involving health related services are to be brought solely as medical malpractice action; authorizes use of arbitration agreements by and on behalf of patient, but requires that a party may not be denied admission due to refusal to enter into an arbitration agreement.

US H 5312
SPONSOR: Sanchez Li [D]
TITLE: Arbitration of Certain Controversies
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: A bill entitled the "Automobile Arbitration Fairness Act of 2008." This bill would outlaw predispute arbitration in connection with the sale of automobiles. Additionally, the bill would require, at the request of any party, that any award issued include a "brief, informal discussion of the factual and legal basis for the award."

UT S 143
AUTHOR: VanTassell [R]
TITLE: Insurance Code
DISPOSITION: Pending
LOCATION: SENATE
Commentary: Modifies the Insurance Code to address financial requirements related to insurers or insurance products. As related to arbitration, amendment states that Utah law doesn't override parties' agreement to arbitrate.

VT H 814
AUTHOR: Mrowicki [D]
TITLE: Court Procedure
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: Proposes a number of changes related to medical malpractice actions, including the establishment of a mandatory arbitration process for medical malpractice actions.

WA S 6695
AUTHOR: Weinstein [D]
TITLE: Distressed Home Transactions
DISPOSITION: Pending
LOCATION: SENATE
Commentary: Concerns distressed home transactions; NEW SECTION. Sec. 9 (1) Any provision in a contract that attempts or purports to require arbitration of any dispute arising under this chapter is void at the option of the distressed homeowner.

WA S 6776
AUTHOR: Kline [D]
TITLE: State Whistleblower Protections
DISPOSITION: Pending
Commentary: Modifies state whistleblower protections. As it relates to arbitration, "(11) Instead of filing with the commission, a complainant may pursue arbitration conducted by the American arbitration association or another arbitrator mutually agreed by the parties, with the cost of arbitration shared equally by the complainant and the respondent."

WI A 568
AUTHOR: Richards [D]
TITLE: Regulating Foreclosure Reconveyances
DISPOSITION: Pending
LOCATION: Assembly Rules Committee
Commentary: Regulates foreclosure reconveyances. A foreclosure reconveyance is defined as a transaction under which the mortgagor transfers title to residential real property in foreclosure to a third party, called a foreclosure purchaser in the bill. As it relates to arbitration, the bill provides that any provision in a contract requiring arbitration of any dispute arising under the provisions is void at the option of the foreclosed homeowner. A violation of the statute may be considered criminal fraud.

REGULATIONS

Oklahoma 15175 2008
AGENCY: Department of Health
TITLE: Home Care Agencies
Commentary: Amendments to regulation regarding home health care agencies. Amendments include the availability of mediation to come to a consensus on results of noncompliance investigations done in relation to this regulation; requires that requests for mediation be in writing and within 10 days of receipt of notice of noncompliance; and requires that mediators be certified in ADR by Sup. Ct. of OK.

Texas 12196 2007
AGENCY: Department of Housing and Community Affairs
TITLE: Housing Tax Credit Program Qualified Allocation Plan
Commentary: Provides procedures for the allocation by the Department of certain housing tax credits available under federal income tax laws to owners of qualified rental housing developments. It is noted that ADR procedures include mediation.

Virginia 7270 2007
AGENCY: Department of Motor Vehicles/Board of Towing and Recovery Operations
TITLE: Practice of Towing and Recovery Operators
Commentary: Amends regulations governing the practice of towing and recovery operators. Amendments include: "A. The board's executive director or designated staff shall have the authority to initiate an expedited process to mediate and resolve complaints filed against those licensed or otherwise regulated by the board according to guidelines developed by the board."