Texas § IN.2210.010 - CERTAIN CONDUCT IN DISPUTE RESOLUTION PROHIBITED

§ IN.2210.010. CERTAIN CONDUCT IN DISPUTE RESOLUTION PROHIBITED

CERTAIN CONDUCT IN DISPUTE RESOLUTION PROHIBITED. (a) For purposes of this section, "presiding officer" includes a judge, mediator, arbitrator, appraiser, or panel member. (b) If a person insured under this chapter is assigned to act as presiding officer to preside over or resolve a dispute involving the association and another person insured under this chapter, the presiding officer shall, not later than the seventh day after the date of assignment, give written notice to the association and to each other party to the dispute, or the association's or other party's attorney, that the presiding officer is insured under this chapter. (c) In a proceeding with respect to which the commissioner has authority to designate the presiding officer, the association or other party that receives notice under Subsection (b) may file with the commissioner a written objection to the assignment of the presiding officer to the dispute. The written objection must contain the factual basis on which the association or other party objects to the assignment. (d) The commissioner shall assign a different presiding officer to the dispute if, after reviewing the objection filed under Subsection (c), the commissioner determines that the presiding officer originally assigned to the dispute has a direct financial or personal interest in the outcome of the dispute. (e) The association or another party must file an objection under Subsection (c) not later than the earlier of: (1) the seventh day after the date the association or other party receives actual notice that the presiding officer is insured under this chapter; or (2) the seventh day before the date of the first proceeding concerning the dispute. (f) The commissioner may, on a showing of good cause, extend the deadline to file an objection under Subsection (e). Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3 ), Sec. 5, eff. September 28, 2011.