(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
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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