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(a)Within the time required by Tax Code, §41A.07, the appraisal district shall deliver to the comptroller notice of the party's selection of an arbitrator or failure to select an arbitrator. To enable prompt appointment of an arbitrator, the appraisal district shall deliver the notice required by this section by facsimile transmission, electronic mail, overnight mail or other means of transmission that ensures receipt within 48 hours. (b)The parties may agree to select up to three arbitrators, to be appointed in the order in which they are listed by the parties, with the first arbitrator listed being appointed first. The owner is responsible for contacting the appraisal district to select the arbitrator or arbitrators by agreement and contact the district within 10 days after receiving the acceptance notice and registry information. If the comptroller receives written notice of the selection in the time and manner required by this section, the first arbitrator selected by the parties will be appointed to the arbitration. If the comptroller does not receive notice of the agreed selection by the 21st day from the date on the comptroller's notice, the comptroller will randomly select an arbitrator for the arbitration. (c)If the appraisal district fails to notify the comptroller that the parties have selected an arbitrator or arbitrators or that the parties have failed to agree to an arbitrator within the time required by Tax Code, §41A.07, the comptroller shall randomly appoint an arbitrator. (d)An arbitrator may not accept an appointment or continue to conduct an arbitration after appointment if the arbitrator: (1)has an interest in the outcome of the arbitration; or (2)is related by affinity within the second degree or by consanguinity within the third degree, as determined under Government Code, Chapter 573, to: (A)the property owner; (B)an officer, employee, or contractor of the appraisal district; (C)a member of the appraisal district board of directors; or (D)a member of the appraisal review board. (e)After receiving the comptroller's notice of arbitration appointment, the arbitrator shall: (1)notify the comptroller promptly, as required by Tax Code, §41A.07, if the arbitrator is unable or unwilling to conduct the arbitration; or (2)notify the comptroller, by facsimile transmission, or electronic mail, of acceptance of the arbitration no more than 10 days after the date on the comptroller's notice of appointment. (f)An arbitration is accepted only if the comptroller receives written notice of the arbitrator's intent to accept on or before the deadline set by this section. (g)If an arbitrator does not provide the comptroller with timely written notice of intent to accept an arbitration, the comptroller will appoint another arbitrator. The comptroller's appointment of another arbitrator after failure to receive a timely notice of intent to accept may not be appealed. (h)The comptroller will randomly select an arbitrator for an arbitration if: (1)the appraisal district does not provide notice of agreement or failure to agree to an arbitrator or arbitrators within the time required by Tax Code, §41A.03(a) and subsection (a) of this section; (2)the appraisal district and property owner do not agree on the selection of an arbitrator; (3)an arbitrator refuses an appointment; (4)an arbitrator fails to send notice of acceptance in a timely manner; (5)an arbitrator withdraws from an ongoing arbitration; or (6)the comptroller grants a party's motion to substitute an arbitrator. (i)The comptroller will continue to repeat the process set out by this section to select an arbitrator, whether selected by agreement or by the comptroller's random selection, until an arbitrator accepts the arbitration. If the parties agree on the selection of more than one arbitrator, subsequent arbitrators will be appointed in the order in which their names are listed by the parties, as provided by subsection (b) of this section. (j)The comptroller may consider an arbitrator's refusal to accept an arbitration appointment when evaluating subsequent appointments. (k)No later than 10 days from the date of the comptroller's notice containing the parties' contact information, an arbitrator shall notify both parties, orally or in writing, of the acceptance. (l)The arbitrator may request that each party enter into a written agreement concerning provision of arbitration services. The agreement may include any provision not in conflict with this subchapter or Tax Code, Chapter 41A related to the arbitration process, including time, date, place, manner of conducting and concluding the arbitration.
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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