Texas Register, Volume 38, Number 26, Pages 4053-4242, June 28, 2013 Page: 4,063
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registry or if inclusion of the applicant in the arbitration registry would
otherwise not be in the interest of impartial arbitration proceedings. A
person is ineligible to be listed as an arbitrator if the person is a member
of a board of directors of any appraisal district or an appraisal review
board in the state; an employee, contractor, or officer of any appraisal
district in the state; a current employee of the comptroller; or a member
of a governing body, officer, or employee of any taxing unit in the state.
(4) If the application is approved, the applicant's name and
other pertinent information provided in the application and the appli-
cant's professional resume or vitae shall be added to the comptroller's
registry of arbitrators. The registry may include the arbitrator's expe-
rience and qualifications, the geographic areas in which the arbitrator
agrees to serve, and other information useful for property owners and
county appraisal district personnel in selecting an arbitrator. The arbi-
trator may be required to conduct arbitrations regionally in order to be
included in the registry.
(5) The comptroller must notify the applicant of the ap-
proval or denial of the application or the removal of the arbitrator from
the registry as soon as practicable and must provide a brief explanation
of the reasons for denial. The applicant may provide a written statement
of why the denial should be reconsidered by the comptroller within 30
calendar days of the applicant receiving the denial. The comptroller
may approve the application if the applicant provides information to
justify the approval. If the application is subsequently approved, the
comptroller shall notify the applicant as soon as practicable.
(6) Each person who is listed as an arbitrator in the comp-
troller's registry must report to the comptroller in writing any material
change in the information provided in the application within 30 calen-
dar days of the change. A material change includes, but is not limited
to a change in address, telephone number, e-mail address, website, loss
of required licensure, incapacity, or other condition that would prevent
the person from professionally performing arbitration duties. Failure
of the arbitrator to report a material change may result in the immedi-
ate removal of the arbitrator from the current registry upon its discov-
ery and the denial of future applications for inclusion in the registry.
An arbitrator's failure to report a material change as required by this
paragraph shall not affect the determinations and awards made by the
arbitrator during the period that the arbitrator is listed in the registry.
(7) Owners, agents, and appraisal districts are responsible
for verifying the accuracy of the information provided in the arbitra-
tor registry in attempting to agree on an arbitrator. If the information is
found to be inaccurate by the owners, agents, or appraisal districts, such
fact must be communicated to the comptroller as soon as practicable in
order that the registry may be corrected. Inclusion of an arbitrator in the
comptroller's registry is not and shall not be construed as a representa-
tion by the comptroller that all information provided is true and correct
and shall not be construed or represented as a professional endorsement
of the arbitrator's qualifications to conduct arbitration proceedings.
(8) The registry shall be maintained on the comptroller's
Internet website or in non-electronic form and will be updated within
30 calendar days of the date that arbitrator applications are approved
or updated and processed by the comptroller.
(d) Appointment of Arbitrators.
(1) The appraisal district shall notify the comptroller not
later than the 20th calendar day after the date the parties receive a copy
of the registry or the notice of the comptroller's Internet address of the
registry website, whichever is later, that an arbitrator was selected by
the parties by agreement or that an agreement could not be reached.
(2) The comptroller shall promptly appoint an arbitrator se-
lected by agreement of the owner or agent and the appraisal district.The notification of the appointment must be transmitted by regular
first-class mail to the arbitrator. The arbitrator shall notify the owner
or agent and the appraisal district promptly of the appointment.
(3) If an appraisal district notifies the comptroller that the
owner or agent and the appraisal district have been unable to agree to an
arbitrator, the comptroller shall appoint an arbitrator from the registry
within 20 business days from such notification and inform the arbitrator
by regular first-class mail. The arbitrator shall notify the owner or agent
and the appraisal district promptly of the appointment.
(4) If the appraisal district fails to notify the comptroller
of the selection of an arbitrator or the failure to agree to an arbitra-
tor timely, the comptroller shall appoint an arbitrator from the registry
within 20 business days of the date the comptroller becomes aware of
the failure of the appraisal district and owner or agent to comply with
the requirements of law. The arbitrator shall be notified of the appoint-
ment by the comptroller by regular first-class mail. The arbitrator shall
notify the owner or agent and the appraisal district promptly of the ap-
pointment.
(5) The appointment of an arbitrator by the comptroller
shall be made according to preferences included in arbitrator applica-
tions geographically and by random selection.
(6) An arbitrator may not accept an appointment and may
not continue an arbitration after appointment if the arbitrator has an
interest in the outcome of the arbitration or if the arbitrator is related to
the owner, an officer, employee, or contractor of the appraisal district,
or a member of the appraisal district board of directors or appraisal
review board by affinity within the second degree or by consanguinity
within the third degree as determined under Government Code, Chapter
573. The owner or appraisal district may request a substitute arbitrator
before the arbitration proceedings begin upon a showing, supported by
competent evidence, that the assigned arbitrator has an interest in the
outcome of the arbitration or that the arbitrator is related to the owner,
an officer, employee, or contractor of the appraisal district, or a member
of the appraisal district board of directors or appraisal review board by
affinity within the second degree or by consanguinity within the third
degree as determined under Government Code, Chapter 573.
(7) The comptroller must be notified, in writing, within 5
business days of the arbitrator's receipt of the appointment that the ar-
bitrator is unable or unwilling to conduct the arbitration because of a
conflict of interest described by paragraph (6) of this subsection, or for
any other reason; or that the appointment is accepted. The notifica-
tion must be delivered to the comptroller electronically, by facsimile
transmission, or by regular first-class mail. If the comptroller does not
receive from the arbitrator written notification of acceptance or refusal
of the appointment within 5 business days, the comptroller shall pre-
sume that the appointment has been refused. If the arbitrator refuses the
appointment, the comptroller shall appoint a substitute arbitrator from
the registry within 10 business days of the receipt, or the determina-
tion pursuant to this subsection, of the arbitrator's refusal. The process
of appointment of arbitrators pursuant to this subsection shall continue
in this fashion until an acceptance is obtained. A refusal to accept an
arbitration appointment may be considered by the comptroller in eval-
uating subsequent requests for arbitration and appointments.
(e) Provision of Arbitration Services.
(1) The arbitrator may require written agreements with the
appraisal district and the owner concerning provision of arbitration ser-
vices, including but not limited to the time, place, and manner of con-
ducting and concluding the arbitration. Unless the property owner and
the appraisal district both agree to arbitration by submission of written
documents, the arbitration will be conducted in person or by telecon-
ference. An arbitrator may require that the arbitration be conductedEMERGENCY RULES June 28, 2013 38 TexReg 4063
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Texas. Secretary of State. Texas Register, Volume 38, Number 26, Pages 4053-4242, June 28, 2013, periodical, June 28, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313178/m1/11/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.