(a)The comptroller shall appoint, pursuant to the
terms of this section, an individual included in the registry who
is both qualified under §9.4258 of this title (relating to Qualifications
for Inclusion in the Comptroller's Registry of Arbitrators) and eligible
for the particular appointment under §9.4259 of this title (relating
to Arbitrator Eligibility for A Particular Appointment), to resolve
each valid request for binding arbitration.
(b)In selecting an individual from among a group of
qualified and eligible arbitrators available for assignment, the comptroller
may use a computerized system that distributes the arbitration appointments
as evenly as possible among arbitrators. In each case, the comptroller
shall select first for appointment only from among those arbitrators
on the registry who principally reside in the county in Texas where
the property that is the subject of the arbitration is located. Upon
the refusal of all of these arbitrators to accept the appointment
to a particular arbitration matter, the comptroller may appoint an
otherwise eligible arbitrator on the registry residing in another
county in Texas.
(c)The comptroller shall notify the arbitrator of
his or her appointment to a particular matter by regular first-class
mail.
(d)The arbitrator shall respond to the comptroller,
in writing, within five (5) business days of the arbitrator's receipt
of the comptroller's notice of appointment whether he or she accepts
or refuses the appointment for any reason. The arbitrator shall deliver
notice of his or her acceptance or refusal of the appointment to the
comptroller electronically, by facsimile transmission, or by regular
first-class mail. If the arbitrator is required to refuse the appointment
for any of the reasons set out in subsection (g) or (h) of this section,
the arbitrator shall provide the specific reason in writing to the
comptroller.
(e)If the comptroller does not receive from the arbitrator
written notice of acceptance or refusal of the appointment within
five (5) business days, the comptroller shall presume that the appointment
has been refused. If the arbitrator refuses the appointment, the comptroller
shall appoint a substitute arbitrator from the registry, as provided
by subsection (b) of this section, within ten (10) business days of
the receipt of notice or presumption of refusal. The process of appointment
of arbitrators pursuant to this section shall continue in this fashion
until an acceptance is obtained.
(f)The comptroller may not appoint a person listed
as an arbitrator on the registry for good cause if the person is found,
pursuant to §9.4262 of this title (relating to Removal of Arbitrator
from the Registry of Arbitrators), to have engaged in repeated bias
or misconduct while acting as an arbitrator.
(g)An arbitrator may not accept an appointment and
may not continue an arbitration after appointment in the following
circumstances:
(1)the arbitrator is or becomes not qualified as defined
by §9.4258 of this title;
(2)the arbitrator is or becomes ineligible as defined
by §9.4259 of this title; or
(3)the arbitrator has an interest in the outcome of
the arbitration.
(h)An arbitrator may not accept an arbitration appointment
regarding an unequal appraisal appeal, unless and until the arbitrator
completes a training program of at least four hours in length that
the comptroller has approved on property tax law which emphasizes
the requirements regarding the equal and uniform appraisal of property.
(i)The owner or agent or the appraisal district may
request the comptroller to appoint a substitute arbitrator before
the arbitration hearing begins upon a showing, supported by competent
evidence, that the assigned arbitrator was required to refuse the
appointment pursuant to subsection (g) or (h) of this section.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within
the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on October 24, 2017
TRD-201704291 Lita Gonzalez
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: December 10, 2017
For further information, please call: (512) 475-0387
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