Texas Register

RULE §9.4264Standards of Conduct
ISSUE 01/01/2010
ACTION Proposed
Rule Withdrawn: 01/13/2010
Preamble Texas Admin Code Rule

(a)Arbitrators are required at all times to conduct themselves professionally and ethically, according to their professional ethical guidelines and the guidelines set out in this section. An arbitrator is required to follow these standards at all times, regardless whether the arbitrator is assigned to an active arbitration.

(b)The arbitrator shall:

  (1)act in a professional manner, regardless of the provocation or the behavior of a party or witness;

  (2)follow the arbitrator's professional ethical rules and codes of conduct;

  (3)follow the ethical rules outlined in this section and the arbitrator's arbitration training;

  (4)know, understand, and follow the Tax Code, Chapter 41A, the relevant provisions or Civil Practices and Remedies Code, Chapter 171, Subchapter C, and this subchapter, and conduct the arbitration proceedings and hearing in compliance with these laws and rules;

  (5)demonstrate fairness to both parties and avoid even the appearance of bias or conflict of interest;

  (6)be aware at all times during the arbitration hearing and decision making process that the purpose of the arbitration is to determine the correct market or appraised value of the subject property, based on the evidence presented by the parties; and

  (7)be guided by the principle that the determination must be based on the admissible evidence presented in the hearing and only the evidence presented in the hearing.

(c)The arbitrator may not:

  (1)advertise arbitration services guaranteeing any specific result or implying, alluding to, referring to, or guaranteeing results in favor of one party;

  (2)or advertise in a manner that could lead a reasonable person to perceive that the arbitrator could be biased concerning one of the parties;

  (3)misrepresent to any person that the arbitrator has the authority of the comptroller in performing the arbitration;

  (4)act in any manner or engage in any practice that is dishonest, fraudulent, deceptive, or in violation of law or common morality;

  (5)use the information received in connection with his or her duties as an arbitrator for personal purposes or for personal gain, unless such information can be known by any ordinary means to any ordinary citizen;

  (6)accept anything of value from a party, other than a fee for services as provided by law or agreement;

  (7)testify during the hearing on behalf of a property owner or an appraisal district; or

  (8)show a preference to either party during the proceedings or the hearing.

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

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