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(a)Upon receipt of a request for binding arbitration
from the appraisal district, the comptroller shall review it to determine
whether to accept the request and appoint an arbitrator to the matter,
deny the request, or request additional information from the appraisal
district or owner or agent. The comptroller shall notify the owner
or agent and the appraisal district of the determination to accept
or deny the request by regular first-class mail or electronically,
at the comptroller's discretion.
(b)Upon review of the request, including the appraisal
district's certification, as well as additional information that may
have been provided in response to a request from the comptroller under
subsection (a) of this section, the comptroller shall deny each request
for arbitration that fails to meet the requirements of §9.4252(f)
of this title (relating to Request for Arbitration).
(c)If the owner or agent, as applicable, fails either
to sign the Request for Binding Arbitration form (Form AP-219), or
to provide an opinion of value on this form, the request for binding
arbitration shall be denied unless the defect is cured by signing
the form or providing the value opinion in writing within ten (10)
calendar days of the comptroller's written or verbal notice of the
failure.
(d)As provided by §9.4252(e) of this title, if
the owner signs and submits the Request for Binding Arbitration form
(Form AP-219), indicates on the request form that an agent has been
appointed, but fails to submit the Appointment of Agent for Binding
Arbitration form (Form 50-791), the comptroller's office shall not
recognize the agent as the owner's representative with the authority
to receive communications or a refund of the arbitration deposit,
as applicable, unless the appointment of agent form (Form 50-791),
signed by the owner, is properly completed and submitted within ten
(10) calendar days of the comptroller's written or verbal notice to
the owner that Form 50-791 was not previously provided with the request
for arbitration.
(e)Upon acceptance of a valid request for binding
arbitration, the comptroller shall appoint an arbitrator pursuant
to §9.4256 of this title (relating to Comptroller Appointment
of Arbitrators).
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the
state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on October 24, 2017
TRD-201704291 Lita Gonzalez
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: December 10, 2017
For further information, please call: (512) 475-0387
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