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(a)Each deposit submitted with a request for arbitration
shall be assigned a unique reference number associated with the specific
arbitration and deposited into the comptroller's arbitration fund
account.
(b)The payment of arbitrators' fees and arbitration
deposit refunds shall be processed, after the comptroller retains
$50 for administrative costs, in the following manner:
(1)If the arbitrator determines that the appraised
or market value, as applicable, of the property that is the subject
of the appeal is nearer to the property owner's opinion of value of
the property as stated in the request for binding arbitration than
the value reflected in the ARB order, the comptroller shall refund
the property owner's arbitration deposit. In this case, the appraisal
district, on receipt of a copy of the award, shall pay the arbitrator's
fee.
(2)If the arbitrator determines that the appraised
or market value, as applicable, of the property that is the subject
of the appeal is not nearer to the property owner's opinion of value
of the property as stated in the request for binding arbitration than
the value reflected in the ARB order, the comptroller shall pay the
arbitrator's fee out of the owner's arbitration deposit.
(3)If the arbitrator determines that the appraised
or market value, as applicable, of the property that is the subject
of the appeal is exactly one-half of the difference in value between
the property owner's opinion of value of the property as stated in
the request for binding arbitration and the ARB order, the comptroller
shall process payment of the arbitrator's fee and arbitration deposit
pursuant to paragraph (2) of this subsection.
(c)The chief appraiser shall correct the appraised
or market value, as applicable, of the property as shown on the appraisal
roll to reflect the arbitrator's determination if the conditions of
either subsection (b)(1) or (3) of this section are met. The chief
appraiser shall correct the appraised or market value, as applicable,
of the property as shown on the appraisal roll to reflect the arbitrator's
determination if the conditions of subsection (b)(2) of this section
are met and if the value, as determined by the arbitrator, is less
than the value reflected on the ARB order.
(d)Unless the appraisal district is to pay the arbitrator's
fee pursuant to subsection (b)(1) of this section, the arbitrator's
fee will be paid to him or her from the owner's deposit and mailed
to the address shown on the arbitrator's registry application. If
the arbitrator's fee is less than the maximum allowable fee under §9.4260(d)
of this title (relating to Arbitrator Duties), the comptroller shall
refund to the owner or agent any remaining deposit, less $50 retained
by the comptroller for administrative costs. If the arbitrator's fee
is the maximum allowable fee under §9.4260(d) of this title,
the comptroller shall retain $50 of the deposit for administrative
costs and no refund will be paid.
(e)If the comptroller denies a request for arbitration
as provided by §9.4255(a) of this title (relating to Comptroller
Processing of Request), the comptroller shall refund to the owner
or agent the deposit, less the $50 retained by the comptroller for
administrative costs.
(f)If an arbitrator dismisses a pending arbitration
pursuant to §9.4261(m)(2) through (m)(6) of this title (relating
to Provision of Arbitration Services), the arbitrator's fee shall
be paid out of the deposit. If the arbitration is dismissed under §9.4261(m)(1)
of this title for delinquent taxes, the comptroller shall refund to
the owner or agent the deposit, less the $50 retained by the comptroller
for administrative costs.
(g)An owner or agent may withdraw a request for arbitration
using the online arbitration system or by written notice delivered
to the appraisal district, the comptroller, and the arbitrator, if
one has been appointed. If the owner or agent notifies the comptroller
of the withdrawal of a request for arbitration in writing received
before the expiration of the 45 calendar-day settlement period pursuant
to §9.4255(c) of this title, the comptroller shall refund to
the owner or agent the deposit, less the $50 retained by the comptroller
for administrative costs. If the owner or agent does not notify the
comptroller of the withdrawal of a request for arbitration in writing
received before the expiration of the 45 calendar-day settlement period
pursuant to §9.4255(c) of this title, the comptroller shall pay
out of the deposit the fee, if any, charged by the arbitrator.
(h)A refund to an owner or agent or a payment to an
arbitrator is subject to the provisions of Government Code, §403.055.
Deposit refunds will not be processed without the required identification
as provided under §9.4252(b) of this title (relating to Request
for Arbitration) and §9.4253(f) of this title (relating to Agent
Representation in Arbitration). The comptroller shall not issue a
warrant for payment to a person who is indebted to the state or has
a tax delinquency owing to the state until the indebtedness or delinquency
has been fully satisfied.
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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