Texas Register

RULE §9.4261Exchange of Evidence and Arbitration Hearing
ISSUE 01/01/2010
ACTION Proposed
Rule Withdrawn: 01/13/2010
Preamble Texas Admin Code Rule

(a)At the hearing, the parties may represent themselves or may be represented by an agent if the requirements provided under this subchapter regarding agents have been met.

(b)After a party's original request for arbitration is filed, a party may appoint, remove or substitute an agent by filing a written request with the arbitrator at any time before the hearing. The appointment of a new agent requires the same documentation as an initial appointment and such documentation must be submitted to and received by the arbitrator prior to or at the start of the arbitration hearing. An appointment of an agent after a party's original request for arbitration is filed is permissible only if the agent is retained or employed by the party after the date of filing the original request for arbitration. Any change in an agent's status will not affect the status of any evidence exchanged. Nothing in this subsection shall be construed in such a manner as to relieve a party of meeting the requirements of filing a valid request for arbitration as outlined in this subchapter.

(c)The arbitrator shall conduct the arbitration hearing in the manner provided by the Civil Practices and Remedies Code, §§171.046 - 171.052. An arbitrator who adjourns a hearing shall do so in the manner required by Civil Practice and Remedies Code, §171.045.

(d)An arbitration hearing that is conducted in person shall be held in the county in which the appraisal district office is located, unless the parties agree to a different location.

(e)The arbitrator shall permit either or both parties to record the hearing by audio and may permit either or both parties to record the hearing by video.

(f)Except as provided by this section, the arbitrator may take official notice of any fact that is judicially cognizable and may determine the admissibility of evidence. In no event will the arbitrator allow the admission of evidence that was not exchanged in compliance with §9.4259(c) of this title (relating to Arbitration Procedures).

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


Ashley Harden

General Counsel

Comptroller of Public Accounts

Earliest possible date of adoption: January 31, 2010

For further information, please call: (512) 475-0387

Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page