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(a)No defects identified. If no defects are identified
by the comptroller or by the appraisal district under §9.4206(a)(2)(E)
of this title, the comptroller shall notify the appraisal district
and the property owner or the property owner's agent that the request
for binding arbitration has been processed and provide the arbitration
number assigned by the comptroller. For LBA, a copy of the notice
must also be provided to the ARB.
(b)Defects identified. If the appraisal district or
the comptroller identifies defects on the request for binding arbitration
that affect the deposit or property eligibility, the comptroller shall
review the request to determine whether it can be processed or requires
a cure under subsection (d) of this section.
(c)Deposit not honored or insufficient. If a property
owner using paper-based filing under §9.4204(b) of this title
pays the deposit with a check that is not honored, the property owner
shall submit to the comptroller a check issued and guaranteed by a
banking institution (i.e., a cashier's or teller's check) or money
order. If a property owner using paper-based filing under §9.4204(b)
of this title pays the deposit with a check or money order that is
for less than the required deposit amount under §9.4221 or §9.4241
of this title, the property owner shall submit to the comptroller
a supplemental check or money order sufficient to pay the full deposit.
If a property owner or the property owner's agent using the online
arbitration system pays the deposit with a credit card or electronic
funds transfer (eCheck) that is not honored, the property owner or
the property owner's agent shall submit another electronic payment
to the comptroller. Such payments must be received no later than 15
calendar days after the notice of the defect is delivered under subsection
(d) of this section.
(d)Cure period. If a request for binding arbitration
is defective, the comptroller shall notify the property owner or the
property owner's agent of the defect, the process to file a cure for
the defect, and the date the cure is due. Mailed notices are deemed
delivered when deposited in the mail. If notified by email or on the
online arbitration system, the notification is deemed delivered on
the date the comptroller transmits the email or notice.
(e)Cure resolution. If the property owner or the property
owner's agent provides documentation, payment, or information that
cures the defect within 15 calendar days of the comptroller's notice,
the comptroller shall process the request for binding arbitration
and notify the appraisal district and property owner or the property
owner's agent. For LBA, a copy of the notice must also be provided
to the ARB.
(f)Failure to cure. If the property owner or the property
owner's agent fails to cure any defect that the comptroller determines
to be curable within 15 calendar days of the comptroller's notice,
the request for binding arbitration shall not be processed any further
and shall be closed, the comptroller shall notify the parties of the
comptroller's action, and the comptroller shall refund the deposit
pursuant to §9.4209 of this title.
(g)Processing is not certification of requirements.
The comptroller's processing of a request does not certify that the
request meets all statutory requirements and requests may still be
dismissed by an arbitrator for lack of jurisdiction.
(h)Dispute. If there is a dispute regarding whether
there is jurisdiction for an arbitration under §9.4223 or §9.4244
of this title, the request for binding arbitration shall be forwarded
to the arbitrator and the arbitrator shall render a determination
on jurisdiction. Arbitrators shall determine whether a request meets
all statutory criteria and shall dismiss the request if it satisfies
the criteria for dismissal under §9.4223 or §9.4244 of this
title. Dismissal of the request may result in the loss of the requestor's
deposit.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on December 21, 2023
TRD-202304939 Victoria
North
General Counsel, Fiscal and Agency Affairs Legal Services
Comptroller of Public Accounts
Earliest possible date of adoption: February 4, 2024
For further information, please call: (512) 475-2220
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