(a) Upon the expiration of the 45 calendar-day settlement
period provided under §9.4255(c) of this title, the comptroller
shall appoint, pursuant to the terms of this section, an individual
included in the registry who is both qualified under §9.4258
of this title (relating to Qualifications for Inclusion in the Comptroller's
Registry of Arbitrators) and eligible for the particular appointment
under §9.4259 of this title (relating to Arbitrator Eligibility
for a Particular Appointment), to resolve each valid request for binding
arbitration. The appointment process set forth under this section
shall be implemented exclusively using the online arbitration system
when it is generally available.
(b) In selecting an individual from among a group of
qualified and eligible arbitrators available for assignment, the comptroller
may use an online system that distributes the arbitration appointments
as evenly as possible among arbitrators. In each case, the comptroller
shall select first for appointment only from among those arbitrators
on the registry who principally reside in the county in Texas where
the property that is the subject of the arbitration is located. Upon
the refusal of all of these arbitrators to accept the appointment
to a particular arbitration matter, the comptroller may appoint an
otherwise eligible arbitrator on the registry residing in another
county in Texas.
(c) The comptroller shall notify the arbitrator of
his or her appointment to a particular matter by regular first-class
mail, electronic mail, fax, or through the online arbitration system,
at the comptroller's discretion.
(d) The arbitrator shall respond to the comptroller,
in writing, ten (10) calendar days or less from the date on the comptroller's
notice or letter of appointment whether he or she accepts or refuses
the appointment for any reason. The arbitrator shall deliver notice
of his or her acceptance or refusal of the appointment to the comptroller
using the online arbitration system when it is generally available,
or by electronic mail, by facsimile transmission, or by regular first-class
mail until the online arbitration system is generally available. If
the arbitrator is required to refuse the appointment for any of the
reasons set out in subsection (g) or (h) of this section, the arbitrator
shall provide the specific reason in writing to the comptroller. Whether
the arbitrator timely accepted the appointment is solely within the
discretion of the comptroller.
(e) If the comptroller does not receive from the arbitrator
written notice of acceptance or refusal of the appointment ten (10)
calendar days or less from the date on the comptroller’s notice
or letter of appointment, the comptroller shall presume that the appointment
has been refused. If the arbitrator refuses the appointment, the comptroller
shall appoint a substitute arbitrator from the registry immediately
upon the receipt of notice or presumption of refusal. The process
of appointment of arbitrators pursuant to this section shall continue
in this fashion until an acceptance is obtained.
(f) The comptroller may not appoint a person listed
as an arbitrator on the registry for good cause if the person is found,
pursuant to §9.4262 of this title (relating to Removal of Arbitrator
from the Registry of Arbitrators), to have engaged in repeated bias
or misconduct while acting as an arbitrator. If a request for removal
or complaint against an arbitrator has been filed under §9.4262
of this title and is pending, it is in the discretion of the director
of the Property Tax Assistance Division of the comptroller's office
whether to appoint the arbitrator who is the subject of the request
or complaint to a particular matter until the complaint or request
to remove is resolved.
(g) An arbitrator may not accept an appointment and
may not continue an arbitration after appointment in the following
circumstances:
(1) the arbitrator is or becomes not qualified as defined
by §9.4258 of this title;
(2) the arbitrator is or becomes ineligible as defined
by §9.4259 of this title; or
(3) the arbitrator has an interest in the outcome of
the arbitration.
(h) An arbitrator may not accept an arbitration appointment
regarding an unequal appraisal appeal, unless and until the arbitrator
completes a training program of at least four hours in length that
the comptroller has approved on property tax law which emphasizes
the requirements regarding the equal and uniform appraisal of property.
(i) The owner or agent or the appraisal district may
request the comptroller to appoint a substitute arbitrator before
the arbitration hearing begins upon a showing, supported by competent
evidence, that the assigned arbitrator was required to refuse the
appointment pursuant to subsection (g) or (h) of this section.
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