| (a) An appointed surveyor may be removed upon motion of the commissioner or of any necessary party. (b) Petition for removal. (1) Any necessary party may petition the commissioner for the removal of an appointed surveyor because of bias, prejudice, or conflict of interest. (2) Any person petitioning the commissioner for removal of an appointed surveyor shall pay all actual costs, but not less than $250.00, for processing the petition for removal including, but not limited to, the cost of the hearing, mailing, copying and staff time and expenses. (3) The petition must be post marked no later than thirty days after the date of the notice of intention to survey described in §13.45(c) of this title (relating to Commissioner's Survey). (4) An action for removal of an appointed surveyor shall be conducted under the contested-case hearing rules under Chapter 2 of this title (relating to Rules of Practice and Procedure). (5) The movant for removal of an appointed surveyor must send a copy of the petition for removal and all exhibits thereto to each necessary party by regular mail and by certified mail, return receipt requested. (c) Grounds for removal for bias, prejudice, or conflict of interest (1) The following actions constitute bias or prejudice for purposes of removal: (A) Communicating to another person orally or in writing a personal animus against a necessary party or against a necessary party's position in the vacancy proceeding. (B) Communicating to another person orally or in writing a personal preference for a necessary party or for a necessary party's position in the vacancy proceeding. (2) The following actions constitute conflicts of interest for purposes of removal: (A) acceptance or solicitation of any gift, favor, or service that might reasonably tend to influence the appointed surveyor in the performance of the survey, or that the surveyor knows or should know is being offered with the intent to influence the surveyor's conduct; (B) intentionally or knowingly soliciting, accepting, or agreeing to accept any benefit, other than payment for services by the commissioner, for performing the survey in a manner that favors any necessary party; (C) accepting other work that could reasonably be expected to impair the surveyor's independence of judgment in the performance of the survey; (D) making personal investments, or have a personal or financial interest, that could reasonably be expected to create a substantial conflict between the surveyor's private interest and the interest of the commissioner or any necessary party; (E) having a relative within the second degree of consanguinity or affinity or a co-owner or partner in a business enterprise who makes personal investments, or has a personal or financial interest that could reasonably be expected to create a substantial conflict of interest between the relative's or business associate's private interest and the interest of the commissioner or any necessary party; or (F) having a relative within the second degree of consanguinity or affinity of the applicant, the commissioner, or an employee of the agency who actively participates in vacancy determinations. (d) No final order of the commissioner removing or denying removal of a surveyor shall be reconsidered unless the commissioner finds that relevant facts that could not have been discovered timely through due diligence compel reconsideration to avoid gross injustice. The commissioner's decision regarding the removal of a surveyor is not a final administrative order and is not subject to appeal. (e) The fact that a petition for removal of a surveyor has been filed or the removal of a surveyor under this section shall not be a basis for disciplinary action against that surveyor under Texas Occupations Code, Title 6, Chapter 1071. (f) The commissioner on his or her own motion may remove a surveyor for bias, prejudice, or conflict of interest only in accordance with this section. |
