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(a)An individual seeking to be listed in the comptroller's arbitrator registry must submit a completed, valid application to the comptroller. (b)An application for the comptroller's arbitrator registry is valid if it: (1)contains all of the information necessary to determine if the applicant qualifies and is eligible to arbitrate Tax Code, Chapter 41A disputes; and (2)is completed on a form prescribed by the comptroller. (c)The comptroller shall determine each applicant's qualification to arbitrate Chapter 41A disputes based on the facts presented. After considering the application, the comptroller shall: (1)approve the application; (2)disapprove the application and request additional information; or (3)deny the application. (d)The comptroller may request additional information orally or in writing. If the comptroller makes a request for information from an applicant, the application will be denied unless the applicant furnishes the requested information within 10 days after a verbal request is made or within 10 days after the date a written request is mailed or transmitted. On written request of the applicant, the comptroller may extend the deadline for no more than 30 days. (e)An individual is ineligible to arbitrate Tax Code, Chapter 41A disputes if the individual is a: (1)member of a board of directors of any appraisal district or an appraisal review board in the state; (2)employee, contractor, or officer of any appraisal district in the state; (3)employee of the comptroller; or (4)member of a governing body, officer, or employee of any taxing unit in the state. (f)The comptroller shall deny an application if: (1)the applicant does not meet the requirements for qualification as an arbitrator set out by Tax Code, Chapter 41A and this subchapter; (2)the applicant does not agree to conduct the entire arbitration proceeding in the manner required by the Tax Code and this subchapter; or (3)the applicant is ineligible under the Tax Code or this subchapter. (g)The comptroller may deny an application if: (1)including the applicant in the arbitration registry is not in the interest of impartial arbitration proceedings; (2)including the applicant in the registry could undermine public confidence in the Comptroller of Public Accounts; (3)including the applicant in the registry could undermine public confidence in the fairness and effectiveness of the arbitration process; (4)the arbitrator does not comply with a comptroller request to agree to conduct arbitrations outside the area chosen by the arbitrator; or (5)the arbitrator is temporarily removed from the registry or has been permanently removed from the registry. (h)As soon as practicable after approving or denying the application, the comptroller shall notify the applicant of the determination and provide a brief explanation of the reasons for a denial. (i)The comptroller shall reconsider a denial if, before the 31st day after the applicant received the denial notice, the applicant delivers, to the Property Tax Assistance Division manager or director, a written statement or additional documentation, or both, showing why the application should be approved. The comptroller may approve the application if the comptroller determines, on reconsideration, that the applicant's additional information is sufficient to support approval. The comptroller shall notify the applicant of the reconsideration decision as soon as practicable. (j)The comptroller's approval of an application entitles the arbitrator to be listed in the arbitrator registry and to continue in the registry as provided in Tax Code, §41A.061. To remain listed on the registry after the renewal date, an arbitrator shall submit to the comptroller proof of having completed necessary continuing education units required by Tax Code, §41A.061 and either: (1)a registry renewal form (Form 50-709, prescribed by the comptroller), accompanied by a copy of the arbitrator's professional license or certificate issued under Occupations Code, Chapter 1101 or Chapter 1103, on or before the renewal date for the arbitrator's professional license or certificate; or (2)a new, completed and valid application accompanied by the required documentation, before the 31st day after the renewal date for the arbitrator's professional license or certificate issued under Occupations Code, Chapter 1101 or Chapter 1103. (k)An arbitrator's name will be automatically deleted from the registry if the arbitrator does not timely submit a registration renewal form or a new application as required by subsection (j) of this section. An arbitrator whose name is automatically deleted from the registry under this subsection may reapply at any time by filing a new, valid application. The automatic deletion of a name from the registry for failure to reapply does not constitute a removal from the registry for good cause, as provided by §9.4266 of this title (relating to Removal). (l)The comptroller's approval of an application and subsequent placement of the arbitrator's name on the arbitrator registry does not create a right to conduct arbitrations under Tax Code, Chapter 41A nor does it guarantee that the arbitrator will receive an arbitration appointment.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on December 17, 2009
TRD-200905922 Ashley
Harden
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: January 31, 2010
For further information, please call: (512) 475-0387
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