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(a)Based on its own information or pursuant to the investigation of a complaint, the comptroller for good cause may: (1)temporarily remove an arbitrator from the registry, with or without conditions; or (2)permanently remove an arbitrator from the registry. (b)Good cause for removal from the arbitrator registry includes: (1)the arbitrator's qualifications do not meet the minimum requirements of Tax Code, Chapter 41A or this subchapter; (2)the arbitrator has violated one or more of the arbitration rules or procedures established by comptroller in this subchapter, including §9.4264 of this title (relating to Standards of Conduct), Tax Code, Chapter 41A, and other rules or laws applicable to arbitration; (3)the arbitrator's conduct related to the arbitration process is improper, unethical, illegal, or unacceptable; (4)multiple valid complaints by property owners or appraisal district; (5)multiple refusals to arbitrate; (6)the arbitrator does not comply with a comptroller request to agree to conduct arbitrations outside the area chosen by the arbitrator; or (7)the arbitrator's conduct reflects unfavorably on the arbitration process, the arbitrator registry, or the Comptroller of Public Accounts, including: (A)incompetence in managing the arbitration; (B)unprofessional behavior toward a party or in connection with the arbitration proceedings; (C)undermining the Arbitrator Registry or the arbitration process; and (D)property tax advocacy conflicting with the arbitration process. (c)If the comptroller finds good cause for removal, the comptroller shall deliver to the arbitrator, by personal service, registered or certified mail, notice of its intent to remove the arbitrator stating: (1)the alleged facts or conduct that the comptroller determined constitute good cause for removal; (2)that the comptroller intends to remove the arbitrator from the arbitrator registry; and (3)that the removal will take effect on the 31st day after the arbitrator received the notice of intent to remove unless, before that date, the arbitrator delivers to the Property Tax Assistance Division manager, in writing, reasons why the alleged facts or conduct do not warrant removal and documentation, if any, supporting the reasons given. (d)An arbitrator shall be temporarily removed from the registry during the period between the comptroller's finding of good cause for removal and the day the arbitrator is removed from the registry under subsection (c) of this section. (e)If the arbitrator responds in a timely manner to the notice required by subsection (c), Property Tax Assistance Division manager shall, within 45 days after receiving the response, determine if the arbitrator's removal should modified or rescinded. The manager shall provide the arbitrator with written notice of the determination. The manager's determination is the comptroller's final decision, and becomes effective on delivery. (f)If the arbitrator does not respond in a timely manner to the notice required by subsection (c) of this section, the removal becomes final and takes effect on the 31st day after the arbitrator received the notice of intent to remove.
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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