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(a)An individual seeking to be listed in the comptroller's
registry of arbitrators must apply online through the comptroller's
online arbitration system when it is generally available. In using
this system or the paper-based arbitration system, the individual
shall 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 pursuant to §9.4255(e) of this
title (relating to Comptroller Processing of Request, Online Arbitration
System, and 45 Calendar-Day Settlement Period) 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, as well as §9.804 of this title (relating to Arbitration
of Appraisal Review Board), 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
of this title (relating to Provisions of Arbitration Services) or
under §9.804 of this title if applicable;
(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 as required
by §9.4260(b) of this title, including 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 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
adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on May 9, 2018
TRD-201802083 Victoria North
Chief Counsel, Fiscal and Agency Affairs Legal Services Division
Comptroller of Public Accounts
Effective date: May 29, 2018
Proposal publication date: November 10, 2017
For further information, please call: (512) 475-0387
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