(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(d)
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);
(5)the person has engaged in repeated instances of
bias or misconduct while acting as an arbitrator;
(6)the person has engaged in fraudulent conduct; and
(7)the director of the Property Tax Assistance Division
of the comptroller's office determines, in the exercise of his or
her discretion, that the type or nature of the conduct in which the
person has engaged constitutes good cause for removal of the person
from the registry of arbitrators.
(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.
(d)A person may request the removal of an arbitrator
from the registry by filing a complaint with the comptroller's Property
Tax Assistance Division within sixty (60) calendar days of the last
incident giving rise to the request which contains the following items:
(1)a letter, addressed to the division director and
signed by the requestor/complainant, 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 or complaints shall be dismissed
under the following conditions:
(1)the conduct complained of does not meet the requirements
of subsection (b) of this section;
(2)the complaint is not timely or otherwise fails
to meet the requirements of subsection (d) of this section;
(3)a complaint filed under subsection (b)(5) of this
section fails to identify and include evidence of more than one incident
of alleged bias or misconduct; or
(4)the complaint is based on one or more substantive
arbitration issues, including evidentiary considerations, and the
resulting award.
(g)Within thirty (30) calendar days after submission,
the division will notify the requestor/complainant whether the complaint
or request is under review or dismissed. There is no appeal for dismissal
of a request to remove or complaint. If under review, all materials
the requestor/complainant submitted will be forwarded electronically
or by U.S. Postal Service or a private third-party service such as
FedEx or United Parcel Service (UPS) so long as proof of delivery
is provided, to the arbitrator who is the subject of the complaint
or 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/complainant 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.
If good cause for removal is not found after review, the request for
removal will be denied and there is no appeal of this denial.
(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 adoption and found
it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on May 9, 2018
TRD-201802083 Victoria North
Chief Counsel, Fiscal and Agency Affairs Legal Services Division
Comptroller of Public Accounts
Effective date: May 29, 2018
Proposal publication date: November 10, 2017
For further information, please call: (512) 475-0387
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