Texas Register

RULE §9.4262Removal of Arbitrator from the Registry of Arbitrators
ISSUE 05/25/2018
ACTION Final/Adopted
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(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


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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