Texas Register

RULE §9.4262Removal of Arbitrator from the Registry of Arbitrators
ISSUE 11/10/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The comptroller shall remove a person from the arbitrator registry if:

  (1)the person fails or declines to renew the person's agreement to serve as an arbitrator in the manner required under §9.4258 of this title (relating to Qualifications for Inclusion in the Comptroller's Registry of Arbitrators); or

  (2)the director of the Property Tax Assistance Division of the comptroller's office determines by clear and convincing evidence there is good cause for removal.

(b)Good cause for removal includes the following grounds:

  (1)the person is not qualified or becomes not qualified to serve as an arbitrator under the terms of §9.4258 of this title;

  (2)the person is not eligible or becomes ineligible under the terms of §9.4259 of this title (relating to Arbitrator Eligibility for A Particular Appointment);

  (3)the person fails to respond to or refuses to comply with requests for information from the comptroller's office;

  (4)the person has violated one or more provisions of §9.4260 of this title (relating to Arbitrator Duties), §9.4261 of this title (relating to Provision of Arbitration Services), or §9.4263(d) of this title (relating to Arbitration Determination and Award) (20-day deadline for arbitrator to issue determination and award); and

  (5)the person has engaged in repeated instances of bias or misconduct while acting as an arbitrator.

(c)Clear and convincing evidence means the measure or degree of proof that produces a firm belief or conviction of the truth of the allegations regarding the arbitrator and that the allegations constitute good cause for removal.

(d)A person may request the removal of an arbitrator from the registry by filing the following items with the comptroller's Property Tax Assistance Division within sixty (60) calendar days of the last incident giving rise to the request:

  (1)a letter, addressed to the division director and signed by the requestor, that identifies the arbitrator sought to be removed and the grounds under subsection (b) of this section that constitute good cause for removal;

  (2)at least one sworn statement from an individual with first-hand knowledge of the conduct complained of that sets forth the facts in detail to support the grounds for removal; and

  (3)for grounds for removal alleged under subsection (b)(4) or (5) of this section, copies of all available communications exchanged between the arbitrator and the parties, including emails, documents, and any other materials, as well as electronic video or audio recordings.

(e)The confidentiality provisions of Tax Code, §22.27, concerning information provided to an appraisal office, apply to information reviewed or submitted under this section and may not be disclosed except as provided by law. If any of the materials submitted are deemed confidential, that portion of the materials that is considered confidential must be designated as such to protect it from disclosure.

(f)Requests for removal that are not timely or that fail to meet the requirements in subsection (d) of this section will be denied. Requests for removal under subsection (b)(5) of this section that do not identify and include evidence of more than one incident of alleged bias or misconduct will be denied. Requests under subsection (b)(5) of this section based on substantive arbitration issues and the resulting awards will be denied summarily.

(g)Within thirty (30) calendar days after submission, the division will notify the requestor whether the request is accepted for review or denied. There is no appeal for denial of a request. If accepted for review, all materials the requestor submitted will be forwarded by certified mail, return receipt requested or electronically, to the arbitrator who is the subject of the request for a response. The arbitrator has thirty (30) calendar days from receipt of the materials to respond to the division, explaining why a finding of good cause for removal should not be made.

(h)Within thirty (30) calendar days of receipt of the arbitrator's response, the division director will determine whether clear and convincing evidence supports a finding of good cause for removal of the arbitrator from the registry. The division will notify promptly the requestor and the arbitrator of the director's determination.

(i)If good cause for removal under subsection (a)(2) of this section is found, the arbitrator will be removed from the registry for a period of two (2) years from the date of the determination.

(j)There is no appeal for removal of a person from the registry under this section. An arbitrator removed under subsection (a)(2) of this section may reapply for inclusion in the registry two (2) years from the date of the removal determination. The circumstances giving rise to the removal under this section may be considered in evaluating the re-application.

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


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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