34 Tex. Admin. Code § 9.4213 - Substitution of Arbitrator Assigned to Arbitration Hearing
(a) Substitution prior to arbitration
hearing. The comptroller shall remove an arbitrator from an arbitration and
substitute a different arbitrator prior to the arbitration hearing taking place
if the division director determines by clear and convincing evidence there is
good cause for such removal.
(b)
Substitution prior to award. After an arbitration hearing is held and prior to
issuance of the award, an arbitrator may be removed from an arbitration and a
substitute arbitrator appointed where a disaster or emergency, as defined by
Government Code, §
418.004 or §
433.001, impacts the
arbitrator's ability to complete the arbitration in compliance with this
subchapter. Substitution may also take place if, as determined by the division
director in the exercise of the division director's discretion, the arbitrator
experiences a personal emergency, rendering them incapable of completing the
arbitration in compliance with this subchapter. The substitute arbitrator
appointed under this subsection shall comply with Subchapter K of this chapter
in facilitating and completing a new hearing.
(c) Good cause for substitution. Good cause
for substitution under subsection (a) of this section includes the following:
(1) the individual is not eligible or becomes
ineligible under the terms of §
9.4260 or §
9.4263 of this title, as
applicable;
(2) the individual
violates one or more provisions of this subchapter;
(3) there is a pending request for the
arbitrator's removal from the registry of arbitrators and the division
director, in the exercise of the division director's discretion, believes the
request could impact the arbitrator's ability to conduct a fair and impartial
arbitration hearing; or
(4) the
division director determines, in the exercise of the division director's
discretion, that substitution is in the interests of providing for a fair,
impartial arbitration hearing.
(d) Clear and convincing evidence. For
purposes of this section, clear and convincing evidence means the measure or
degree of proof that produces a firm belief or conviction of the truth of the
allegations.
(e) Filing of
substitution request. A party to an arbitration may request the substitution of
an arbitrator by filing a written request with the division director. Requests
must be received with sufficient time to process and investigate the request
prior to the arbitration hearing if filed under subsection (a) of this section
or prior to the award being issued if filed under subsection (b) of this
section. If the arbitration hearing is held prior to resolution of a request
under subsection (a) of this section, or an award is issued prior to resolution
of a request under subsection (b) of this section, the request will be
dismissed. All requests must contain the following:
(1) a letter, addressed to the division
director and signed by the requestor, that identifies the arbitration,
arbitrator, and the grounds for substitution under subsection (b) or (c) of
this section; and
(2) copies of all
available communications exchanged between the arbitrator and the parties, as
applicable, that support the request.
(f) Confidentiality. Information reviewed
under this section that is made confidential by law may not be disclosed except
as provided by law. That portion of the materials considered confidential must
be designated as such to protect it from disclosure.
(g) Dismissals. Requests for substitution
shall be dismissed if:
(1) the conduct
complained of does not meet the requirements of subsection (b) or (c) of this
section; or
(2) the complaint is
not timely or otherwise fails to meet the requirements of subsection (e) of
this section.
(h)
Processing time. The comptroller shall examine the request for substitution in
a timely manner.
(i) Cure period.
If good cause for substitution is found, the arbitrator shall be notified by
the comptroller and, where applicable, given the chance to cure the violation
by the deadline established in the comptroller's notice. If the arbitrator does
not cure the violation by the deadline established in the comptroller's notice,
the arbitrator shall be removed and a new arbitrator substituted. The
comptroller shall keep a record of any removals under subsection (a) of this
section in the arbitrator's file.
(j) No appeal. The determination of a request
for substitution, including dismissal of the request, or the removal of an
arbitrator under this section is final and may not be appealed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.