|
(a)Deposits owners or agents submit to appraisal districts
with requests for arbitration which the appraisal districts forward
to the comptroller's office pursuant to §9.4254 of this title
(relating to Appraisal District Responsibility for Request) shall
be deposited into individual accounts for each owner and according
to assigned arbitration numbers.
(b)The provisions of Government Code, Chapter 2251,
shall apply to the payment of arbitrator fees by the comptroller,
if applicable, beginning on the date that the comptroller receives
a copy of the arbitrator's determination and award by regular first-class
mail.
(c)The payment of arbitrators' fees and arbitration
deposit refunds shall be processed, after the comptroller retains
$50 for administrative costs, in the following manner:
(1)If the arbitrator determines that the appraised
or market value, as applicable, of the property that is the subject
of the appeal is nearer to the property owner's opinion of value of
the property as stated in the request for binding arbitration than
the value reflected in the ARB order, the comptroller shall refund
the property owner's arbitration deposit. In this case, the appraisal
district, on receipt of a copy of the award, shall pay the arbitrator's
fee.
(2)If the arbitrator determines that the appraised
or market value, as applicable, of the property that is the subject
of the appeal is not nearer to the property owner's opinion of value
of the property as stated in the request for binding arbitration than
the value reflected in the ARB order, the comptroller shall pay the
arbitrator's fee out of the owner's arbitration deposit.
(3)If the arbitrator determines that the appraised
or market value, as applicable, of the property that is the subject
of the appeal is exactly one-half of the difference in value between
the property owner's opinion of value of the property as stated in
the request for binding arbitration and the ARB order, the comptroller
shall process payment of the arbitrator's fee and arbitration deposit
pursuant to paragraph (2) of this subsection.
(d)The chief appraiser shall correct the appraised
or market value, as applicable, of the property as shown on the appraisal
roll to reflect the arbitrator's determination if the conditions of
either subsection (c)(1) or (3) of this section are met. The chief
appraiser shall correct the appraised or market value, as applicable,
of the property as shown on the appraisal roll to reflect the arbitrator's
determination if the conditions of subsection (c)(2) of this section
are met and if the value, as determined by the arbitrator, is less
than the value reflected on the ARB order.
(e)Unless the appraisal district is to pay the arbitrator's
fee pursuant to subsection (c)(1) of this section, the arbitrator's
fee will be paid to him or her from the owner's deposit and mailed
to the address shown on the arbitrator's registry application. If
the arbitrator's fee is less than the maximum allowable fee under
§9.4260(d) of this title (relating to Arbitrator Duties), the
comptroller shall refund to the owner or agent any remaining deposit,
less $50 retained by the comptroller for administrative costs. If
the arbitrator's fee is the maximum allowable fee under §9.4260(d)
of this title, the comptroller shall retain $50 of the deposit for
administrative costs and no refund will be paid.
(f)If the comptroller denies a request for arbitration
as provided by §9.4255(b) of this title (relating to Comptroller
Processing of Request), the comptroller shall refund to the owner
or agent the deposit, less the $50 retained by the comptroller for
administrative costs.
(g)If an arbitrator dismisses a pending arbitration
pursuant to §9.4261(m) of this title (relating to Provision of
Arbitration Services), the comptroller shall refund to the owner or
agent the deposit, less the $50 retained by the comptroller for administrative
costs. In such event, the arbitrator must seek payment from the owner
or agent for the services rendered prior to the dismissal of the proceeding.
(h)An owner or agent may withdraw a request for arbitration
only by written notice delivered to the appraisal district, the comptroller,
and the arbitrator, if one has been appointed. If the owner or agent
notifies the comptroller of the withdrawal of a request for arbitration
in writing fourteen (14) or more calendar days before the arbitration
hearing date set in the written notice under §9.4261(d) of this
title, the comptroller shall refund to the owner or agent the deposit,
less the $50 retained by the comptroller for administrative costs.
If the owner or agent withdraws a request for arbitration less than
fourteen (14) calendar days before the arbitration hearing date set
in the written notice under §9.4261(d) of this title, the comptroller
shall pay out of the deposit the fee, if any, charged by the arbitrator.
(i)A refund to an owner or agent or a payment to an
arbitrator is subject to the provisions of Government Code, §403.055.
The comptroller's form for request for binding arbitration will require
identification of the social security number or tax identification
number of the individual authorized to receive deposit refunds. For
an owner, the owner is required to provide the owner's social security
number, federal tax identification number, or Texas state tax identification
number. If an agent has been authorized by the owner to receive deposit
refunds, the agent is required to provide the agent's social security
number, federal tax identification number, or Texas state tax identification
number. Deposit refunds will not be processed without the required
identification. The comptroller shall not issue a warrant for payment
to a person who is indebted to the state or has a tax delinquency
owing to the state until the indebtedness or delinquency has been
fully satisfied.
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
|
