28 Tex. Admin. Code § 5.4217 - Appraisal Process - Umpire Selection by Department
(a) Applicability. This section applies when
the appraisers are unable to agree on an umpire and a party requests the
department to select an umpire.
(b)
Notice. The department will notify at least five umpires of possible inclusion
on an umpire selection panel.
(c)
Factors. When selecting an umpire for the umpire selection panel, the
department may consider:
(1) the umpire's
preferred geographic locations and types of claims;
(2) the proximity of the claimant and the
umpire;
(3) the umpire's areas of
training and expertise;
(4) the
extent of the umpire's experience with appraisal and with property damage
claims;
(5) the subject of the
dispute;
(6) the type of
policy;
(7) the value and
complexity of the claim;
(8) any
conflicts of interest; and
(9)
other factors relevant to the dispute.
(d) Umpire's response. Each umpire notified
under subsection (b) of this section must respond to the department no later
than the fifth day after receiving the notice.
(1) The umpire's response must state whether
the umpire will accept or reject selection as umpire for the appraisal;
and
(2) provide:
(A) an up-to-date resume, curriculum vitae,
or brief biographical sketch of the umpire;
(B) a statement of whether the umpire is
insured by the association;
(C) a
description of the nature and extent of any prior knowledge the umpire has of
the dispute;
(D) a description of
any contacts with either party, including association employees, within the
previous three years;
(E) a
description of other known potential conflicts of interest listed in §
5.4214 of this title (relating to
Appraisal Process - Umpire Qualifications and Conflicts of Interest);
and
(F) any new disqualifying
conflicts of interest listed in §
5.4214 of this title.
(e) Umpire selection
panel. From the information provided, the department will determine which
umpires will be on the umpire selection panel. The department will send the
umpire selection panel to each party and each appraiser, along with the
information the listed umpires provided.
(f) Selection by agreement. The appraisers
may select an umpire from the umpire selection panel. If the appraisers agree
on an umpire, the association must inform the department no later than the
third day after the agreement.
(g)
Selection if the appraisers fail to agree. If the appraisers are unable to
agree on an umpire from the umpire selection panel:
(1) each appraiser or party may object to
umpires on the umpire selection panel under §
5.4252(a)(1)(A) and (2)(A)
of this title (relating to Objections);
and
(2) the department will select
an umpire from the umpires on the umpire selection panel that neither appraiser
has objected to.
(h)
Notice. The department will notify the umpire selected under subsection (f) or
(g) of this section and give the umpire the claim information provided under §
5.4211 of this title (relating to
Appraisal Process).
Notes
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