Texas Register

TITLE 34 PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 9PROPERTY TAX ADMINISTRATION
SUBCHAPTER KARBITRATION OF APPRAISAL REVIEW BOARD DETERMINATIONS
RULE §9.4256Comptroller Appointment of Arbitrators
ISSUE 11/10/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(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



Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page