Texas Register

TITLE 34 PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 9PROPERTY TAX ADMINISTRATION
SUBCHAPTER KARBITRATION OF APPRAISAL REVIEW BOARD DETERMINATIONS
RULE §9.4257Application for Inclusion in Comptroller's Registry of Arbitrators
ISSUE 05/25/2018
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(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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