34 Tex. Admin. Code § 9.4207 - Comptroller Processing of Request
(a) No
defects identified. If no defects are identified by the comptroller or by the
appraisal district under §
9.4206(a)(2)(E)
of this title, the comptroller shall notify the appraisal district and the
property owner or the property owner's agent that the request for binding
arbitration has been processed and provide the arbitration number assigned by
the comptroller. For LBA, a copy of the notice must also be provided to the
ARB.
(b) Defects identified. If the
appraisal district or the comptroller identifies defects on the request for
binding arbitration that affect the deposit or property eligibility, the
comptroller shall review the request to determine whether it can be processed
or requires a cure under subsection (d) of this section.
(c) Deposit not honored or insufficient. If a
property owner using paper-based filing under §
9.4204(b) of
this title pays the deposit with a check that is not honored, the property
owner shall submit to the comptroller a check issued and guaranteed by a
banking institution (i.e., a cashier's or teller's check) or money order. If a
property owner using paper-based filing under §
9.4204(b) of
this title pays the deposit with a check or money order that is for less than
the required deposit amount under §
9.4221 or §
9.4241 of this title, the property
owner shall submit to the comptroller a supplemental check or money order
sufficient to pay the full deposit. If a property owner or the property owner's
agent using the online arbitration system pays the deposit with a credit card
or electronic funds transfer (eCheck) that is not honored, the property owner
or the property owner's agent shall submit another electronic payment to the
comptroller. Such payments must be received no later than 15 calendar days
after the notice of the defect is delivered under subsection (d) of this
section.
(d) Cure period. If a
request for binding arbitration is defective, the comptroller shall notify the
property owner or the property owner's agent of the defect, the process to file
a cure for the defect, and the date the cure is due. Mailed notices are deemed
delivered when deposited in the mail. If notified by email or on the online
arbitration system, the notification is deemed delivered on the date the
comptroller transmits the email or notice.
(e) Cure resolution. If the property owner or
the property owner's agent provides documentation, payment, or information that
cures the defect within 15 calendar days of the comptroller's notice, the
comptroller shall process the request for binding arbitration and notify the
appraisal district and property owner or the property owner's agent. For LBA, a
copy of the notice must also be provided to the ARB.
(f) Failure to cure. If the property owner or
the property owner's agent fails to cure any defect that the comptroller
determines to be curable within 15 calendar days of the comptroller's notice,
the request for binding arbitration shall not be processed any further and
shall be closed, the comptroller shall notify the parties of the comptroller's
action, and the comptroller shall refund the deposit pursuant to §
9.4209 of this title.
(g) Processing is not certification of
requirements. The comptroller's processing of a request does not certify that
the request meets all statutory requirements and requests may still be
dismissed by an arbitrator for lack of jurisdiction.
(h) Dispute. If there is a dispute regarding
whether there is jurisdiction for an arbitration under §
9.4223 or §
9.4244 of this title, the request
for binding arbitration shall be forwarded to the arbitrator and the arbitrator
shall render a determination on jurisdiction. Arbitrators shall determine
whether a request meets all statutory criteria and shall dismiss the request if
it satisfies the criteria for dismissal under §
9.4223 or §
9.4244 of this title. Dismissal of
the request may result in the loss of the requestor's deposit.
Notes
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