Texas Administrative Code
Title 1 - ADMINISTRATION
Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES
Subchapter D - SELECTION OF ARBITRATOR AND COSTS
Section 163.151 - Selection of Arbitrator

Universal Citation: 1 TX Admin Code § 163.151

Current through Reg. 49, No. 38; September 20, 2024

(a) The parties may agree upon an arbitrator qualified under this chapter and submit that individual's name with their initial statements.

(b) Arbitrators designated by the parties.

(1) Parties who agree to retain a qualified non-SOAH arbitrator shall notify the chief judge within ten days of the arbitrator's retention.

(2) The notice must include the name, address, and telephone number of the arbitrator selected; a statement that the parties have entered into an agreement with the arbitrator regarding the arbitrator's rate and method of compensation; and an affirmation that the arbitrator is qualified to serve according to the provisions of this chapter.

(3) The chief judge shall issue an order specifying the date by which the arbitration must be completed.

(c) If the parties do not agree on a non-SOAH arbitrator who is willing and available to serve, SOAH will provide a list of potential SOAH arbitrators.

(d) Any objections for cause pertaining to any name on the list shall be made in writing directed to the chief judge at SOAH within three days of receiving the list of potential SOAH arbitrators, with a copy served on all other parties. Such objections will be reviewed by the chief judge.

(e) SOAH will notify the parties of the arbitrator appointed.

(f) Until an arbitrator has been appointed, the chief judge may rule on pending matters, including dispositive motions.

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