SECTION 5.4252. Objections

(a) Objections. A party or appraiser may object to an umpire or a mediator as follows:

(1) for good cause:

(A) no later than the third day after the party or appraiser receives the selection panel, based on the information provided with the selection panel, or based on other information not provided with the selection panel that is known to the party or the appraiser at the time the selection panel is received; and

(B) at any time no later than 30 days after the mediation or appraisal is complete based on other information not provided with the selection panel and discovered after the selection of the umpire or mediator; or

(2) because the umpire or mediator is insured by the association no later than the earlier of:

(A) the seventh day after receiving the selection panel and the information provided with it; or

(B) the seventh day before the mediator or umpire begins work.

(b) Details for objections for good cause. A party or appraiser may object for good cause based on information the department provides with a selection panel or based on other information. Good cause for an objection includes:

(1) any conflict of interest listed in §§5.4212, 5.4214, or 5.4232 of this title (relating to Appraisal Process - Appraiser Qualifications and Conflicts of Interest, Appraisal Process - Umpire Qualifications and Conflicts of Interest, or Mediation Process - Mediator Qualifications and Conflicts of Interest, respectively);

(2) a mediator or an umpire who lacks independence or is unable to competently or promptly handle the duties of a mediator or an umpire; or

(3) other reasons that would reasonably be expected to impair the mediation or appraisal.

(c) How to submit objections. All objections must be sent to the department under §5.4251 of this title (relating to Requests and Submissions to the Department). An objection must include the following information:

(1) names of the parties involved in the dispute;

(2) name of the person submitting the objection;

(3) the association claim number;

(4) name of the mediator or umpire that the party or appraiser wants to object to;

(5) an explanation of the good cause for objecting to the mediator or umpire; and

(6) an explanation of any direct financial or personal interest that the mediator or umpire has in the outcome of the dispute.

(d) Replacement. If the commissioner determines that good cause exists to replace a mediator or an umpire who was selected for a dispute, the commissioner will select a replacement mediator or umpire.

Source Note: The provisions of this §5.4252 adopted to be effective February 14, 2013, 38 TexReg 653