(a)Within ten (10) calendar days of receipt of each
request for binding arbitration, the appraisal district shall complete
the appropriate tasks using the comptroller's online arbitration system
or in the manner set out below if using the paper-based arbitration
system as follows:
(1)review each request for binding arbitration to
determine if a sufficient [the] deposit [in
the amount required] under §9.4252(h) of this title (relating
to Request for Arbitration) has been provided, [and]
if not, request the sufficient deposit, and if a sufficient deposit
is not provided, reject the request pursuant to subsection (b)
of this section and if it has, determine whether each of the requirements
of §9.4252(f) of this title have been met;
(2)assign a unique arbitration number to each request;
(3)complete and sign that portion of the comptroller's
Request for Binding Arbitration form applicable to the appraisal district
[to certify], based on the examination of the documentation
submitted[, which of the requirements of §9.4252(f) of this
title have been met for a valid request for binding arbitration];
and
(4)forward, pursuant to subsection (d) of this section,
each Request for Binding Arbitration form, the accompanying deposit,
[and] the ARB order (as well as the appointment of agent
form 50-791, if provided), and supporting documentation for any
items not checked in the appraisal district portion of the Request
for Binding Arbitration form, if applicable, to the comptroller's
office, except those requests which shall be rejected under subsection
(b) of this section for failure to provide a sufficient [
the required] deposit [in the correct amount].
(b)The appraisal district shall reject each request
for binding arbitration that does not have a sufficient [
the required] deposit [in the correct amount] as
provided under §9.4252(h) of this title. In such event, the appraisal
district shall return the request with a notification of the rejection
to the owner or agent by regular first-class mail or electronic mail.
(c)The appraisal district shall provide promptly any
additional information the comptroller's office requests to process
the request for binding arbitration submission.
(d)The appraisal district shall deliver the materials
identified in subsection (a)(4) of this section to the comptroller
by hand delivery or by certified first-class mail, and must simultaneously
deliver a copy of the submission to the owner or agent, as appropriate,
by regular first-class mail or electronic mail.
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 August 1, 2019
TRD-201902456 Victoria North
Chief Counsel, Fiscal and Agency Affairs Legal Services Division
Comptroller of Public Accounts
Earliest possible date of adoption: September 15, 2019
For further information, please call: (512) 472-0387
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