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(a)Administrative costs. The comptroller shall retain
$50 of every arbitration deposit to cover the comptroller's administrative
costs.
(b)Refund recipients. Any deposit refunds will be
issued to the refund recipient designated on the request for binding
arbitration.
(c)Refund amounts.
(1)A deposit refund shall be issued to the property
owner or property owner's agent in the amount of the deposit less
the $50 comptroller administrative fee if:
(A)the request for binding arbitration is closed due
to a defect that could not be cured or due to a defect that was not
cured;
(B)the request for binding arbitration is timely withdrawn;
(C)the arbitration is dismissed in its entirety due
to delinquent property taxes;
(D)the LBA award found a procedural violation in accordance
with §9.4226 of this title; or
(E)the RBA award is in favor of the property owner
in accordance with §9.4247(b) of this title.
(2)A deposit refund, if any, shall be issued in the
amount of the deposit less the arbitrator's fee and the $50 comptroller
administrative fee if:
(A)the request for binding arbitration is not timely
withdrawn;
(B)the arbitration is dismissed in its entirety for
lack of jurisdiction under §9.4223(a)(2)-(9) or §9.4244(a)(2)-(8)
of this title;
(C)the LBA award did not find a procedural violation
in accordance with §9.4226 of this title; or
(D)the RBA award is not in favor of the property owner
in accordance with §9.4247(b) of this title.
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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