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TITLE 1ADMINISTRATION
PART 7STATE OFFICE OF ADMINISTRATIVE HEARINGS
CHAPTER 163ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES
SUBCHAPTER DSELECTION OF ARBITRATOR AND COSTS
RULE §163.157Qualifications of Arbitrators

(a) The chief judge may appoint as an arbitrator any SOAH administrative law judge.

(b) A potential arbitrator who is not a SOAH administrative law judge shall be on an approved list of a nationally recognized association that performs arbitration services or meet the following minimum standards:

  (1) Have at least five years of experience in health care and/or the legal profession and/or alternative dispute resolution with recognized expertise in his/her profession(s).

  (2) Have the attributes necessary to be a successful arbitrator, including expertise, honesty, integrity, impartiality, and the ability to manage the arbitration process.

  (3) May not represent any plaintiff in a proceeding seeking monetary damages from the State of Texas or any of its agencies, and he/she must affirm that he/she will not undertake any such representation during the pendency of the arbitration proceeding.

(c) The chief judge may remove an arbitrator if she/he determines that the arbitrator no longer meets the qualifications listed in this section. The determination of the chief judge in this matter is conclusive.


Source Note: The provisions of this §163.157 adopted to be effective February 17, 2016, 41 TexReg 1111

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