| (a) The arbitrator is authorized but not limited to:
(1) set the time and location of the arbitration proceeding
pursuant to the applicable provisions of Labor Code §410.005
and §410.109;
(2) compel the parties to exchange all pertinent medical
reports and other documentary evidence, and proposals for resolving
the issues in dispute;
(3) conduct, at the arbitrator's discretion, preliminary
conferences to identify issues to resolve questions concerning evidence
and witnesses, and to otherwise expedite the arbitration proceeding;
(4) exclude individuals other than the parties and
the employer from the arbitration proceeding;
(5) administer oaths;
(6) take official notice of the law of Texas and other
jurisdictions, Texas city and county ordinances, the content of the Texas Register, the rules of state agencies,
facts that are judicially cognizable, and generally recognized facts
within the division's specialized knowledge;
(7) determine the relevancy and materiality of the
evidence offered, without a requirement to conform to legal rules
of evidence; and
(8) accept stipulations by the parties on uncontested
issues.
(b) The arbitrator has a duty to:
(1) disclose to all parties and the division's chief
clerk of proceedings any potential conflicts of interest prior to
and during the arbitration, including any pecuniary, personal or business
related interest. Further, to disclose any circumstances that may
affect or reasonably raise a question as to the impartiality of the
arbitrator, including any past or present relationships with the parties;
(2) protect the interests of all parties, including
the advisement of the injured employee's rights if not represented;
(3) maintain the confidentiality of the arbitration
proceeding;
(4) encourage brevity, consistent with completeness,
at all stages of the arbitration proceeding;
(5) ensure that all relevant evidence has been disclosed
to the arbitrator and to all parties;
(6) render an award based upon the evidence and consistent
with the terms of the Act, and the rules and policies of the division;
(7) ensure an electronic recording is made of the proceedings;
(8) arrange for the provision of interpreter services
if necessary; and
(9) comply with standards of conduct and ethical principles
of the arbitrator's professional group, those set forth in the Act,
division rules, and the codes of professional responsibility and conduct
promulgated by the arbitrator's professional association.
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