SECTION 810:10-3-6. Certified mediators

(a)   Mediator list. The Commission shall maintain a list of private mediators to serve as certified mediators for the Commission's alternative dispute resolution program. The list shall be placed on the Commission's website at http://www.wcc.ok.gov.

(b)   Qualifications. To be eligible for appointment by the Commission to the list of certified workers' compensation mediators for a five-year period, the individual must:

(1)   be an attorney or non-attorney who has worked in the area of Oklahoma workers' compensation benefits for at least five (5) years; and

(2)   otherwise have complied with the requirements of 85A O.S. § 110.

(c)   Application for appointment. To request appointment to the list of certified workers' compensation mediators, an individual shall:

(1)   Submit a signed and completed Commission prescribed Mediator Application form and resume to the following address: Oklahoma Workers' Compensation Commission, Attention: COUNSELOR DIVISION, 1915 North Stiles Avenue, Oklahoma City, Oklahoma 73105. Illegible, incomplete or unsigned applications will not be considered by the Commission and shall be returned. A copy of the Mediator Application form may be obtained from the Commission at the address set forth in this Paragraph, or from the Commission's website at http://www.wcc.ok.gov; and

(2)   Verify that the individual, if appointed, will:

(A)   schedule a mediation session within thirty (30) days of the order appointing the mediator, unless otherwise agreed to by the parties;

(B)   schedule mediation sessions for a minimum two (2) hour block of time, and not schedule more than one mediation session to take place at a time;

(C)   submit biennially to the Counselor Division written verification of compliance with the continuing education requirements prescribed by 85A O.S. § 110(H); and

(D)   accept as payment in full for services rendered, compensation not exceeding the rate or fee provided in 810:10-3-12.

(d)   Renewal process.

(1)   The Commission shall notify a certified mediator of the end of the mediator's five-year qualification period at least sixty (60) calendar days before the expiration of that period.

(2)   Criteria for reappointment is the same criteria as for initial appointment in effect at the time of reappointment.

(e)   Revocation.

(1)   Removal of an individual from the list of certified workers' compensation mediators shall be by request of the mediator or by the Commission after notice and opportunity for hearing.

(2)   The Commission may remove a mediator from the list of certified workers' compensation mediators for cause, including, but not limited to the following grounds:

(A)   a material misrepresentation in information submitted to apply for appointment to the Commission's list of certified workers' compensation mediators;

(B)   refusal or substantial failure to comply with this Section or other applicable Commission rules, and statutes.

(3)   Proceedings related to revocation shall be governed by 810:10-5-50 on show cause hearings and the contested hearings rules set forth in Subchapter 5 of this Chapter.

[Source: Added at 31 Ok Reg 468, eff 2-4-14 (emergency); Added at 32 Ok Reg 1461, eff 8-27-15]