(a)An individual seeking to be listed in the comptroller's
registry of arbitrators must submit a completed application on the
comptroller-prescribed form, providing all requested information and
documentation, and affirming that the applicant meets the qualifications
set forth in §9.4258 of this title (relating to Qualifications
for Inclusion in the Comptroller's Registry of Arbitrators). The application
must state that false statements provided by applicants may result
in misdemeanor or felony convictions.
(b)By signing and submitting the application for inclusion
in the comptroller's registry of arbitrators, and any documentation
required on the prescribed form, the applicant attests that he or
she:
(1)principally resides in the state of Texas in the
county identified;
(2)meets all of the qualifications required under
§9.4258 of this title;
(3)has read and understands the provisions of this
subchapter and the Property Tax Code, including Chapter 41A (Appeal
through Binding Arbitration);
(4)will conduct any and all arbitrations pursuant
to the terms of Tax Code, Chapter 41A, and this subchapter, including
§9.4261(m) of this title (relating to Provisions of Arbitration
Services);
(5)will perform these arbitration services for the
applicable fee set out in §9.4260(d) of this title (relating
to Arbitrator Duties); and
(6)will notify the comptroller of any change in the
applicant's qualifications, eligibility to serve, contact information,
or any material change regarding information provided in the application,
within ten (10) calendar days of the change.
(c)The attestation provided pursuant to subsection
(b) of this section shall remain in effect until the renewal date
of the applicant's license or certification under which the applicant
was qualified professionally as provided by §9.4258(c) of this
title.
(d)The comptroller shall deny an application if it
is determined that the applicant does not meet all of the qualifications
of §9.4258 of this title or if inclusion of the applicant in
the arbitration registry would otherwise not be in the interest of
impartial arbitration proceedings.
(e)If the application is approved, the applicant's
name, county of residence in Texas, and other pertinent information
provided in the application and the applicant's professional resume
or curriculum vitae may be added to the comptroller's registry of
arbitrators.
(f)The comptroller must notify the applicant of the
approval or denial of the application as soon as practicable and must
provide a brief explanation of the reason(s) for the denial. The applicant
may provide a written statement of why the comptroller should reconsider
the denial within thirty (30) calendar days of the applicant receiving
the denial notice. The comptroller may approve the application if
the applicant provides information to justify the approval. If the
application is subsequently approved, the comptroller shall notify
the applicant as soon as practicable.
(g)Owners, agents, arbitrators, and appraisal districts
are responsible for verifying the accuracy of the information provided
in the arbitrator registry and communicating any inaccuracies to the
comptroller as soon as practicable in order that the registry may
be corrected. Inclusion of an arbitrator in the comptroller's registry
is not and shall not be construed as a representation by the comptroller
that all information provided is true and correct and shall not be
construed or represented as a professional endorsement of the arbitrator's
qualifications to conduct arbitration proceedings.
(h)The registry shall be maintained on the comptroller's
Internet website or in non-electronic form and will be updated within
thirty (30) calendar days of the date the comptroller's office approves
and processes applications.
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
|