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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 §163.161Cost of Arbitration

(a) An arbitrator's fees and expenses shall not exceed the statutory daily maximum for case preparation, prehearing conferences, hearings, preparation of the order, and any other required post-hearing work. Rates charged for less than one day must bear a reasonable relationship to the daily maximum.

(b) There may also be incidental expenses connected with an arbitration proceeding which may be charged in addition to the arbitrator's fees and expenses. If a party requests that an arbitration hearing be held outside of Austin, and the arbitrator agrees to hold the arbitration in that location, incidental expenses would include the cost of renting a room for the hearing and the arbitrator's travel expenses.

(c) SOAH charges fees for the services provided by SOAH arbitrators at the hourly rate approved in the General Appropriations Act, but the total amount charged for a SOAH arbitrator's services in an arbitration proceeding conducted under these rules shall not exceed the statutory daily maximum.

(d) The party electing arbitration must pay the cost of the arbitration.


Source Note: The provisions of this §163.161 adopted to be effective February 17, 2016, 41 TexReg 1111

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