Form Ap-219 - Request For Binding Arbitration

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Request for Binding Arbitration
Attention: Do not complete and send form without first carefully reading these instructions,
Chapter 41A of the Texas Property Tax Code and Comptroller Rule 9.804.
Purpose of form: This form must be used to file a request for binding arbitration with an appraisal district concerning a dispute
of an appraisal review board order of determination. As an alternative to filing an appeal to district court, a property owner is
entitled to appeal through binding arbitration an appraisal review board order that only determines a protest concerning the
appraised or market value of property if:
(1) the property qualifies as the owner’s residence homestead under Tax Code Section 11.13, or the appraised or market value
of the property as determined by the appraisal review board order of determination is $1 million or less; and
(2) the protest was filed under Tax Code Section 41.41(a)(1) or Tax Code Section 41.41(a)(2).
When and what to file: A property owner or agent must file with the appraisal district not later than the 45th day after the date
the property owner receives the appraisal review board order determining protest: (1) a completed request for binding arbitration
on this form only; and (2) an arbitration deposit in the amount of $500 made payable to the Texas Comptroller of Public Accounts,
by check issued and guaranteed by a banking institution (a cashier’s or teller’s check) or by money order only. Personal
checks, cash or other forms of payment will not be accepted. A deposit in the amount of $500 is required for each request for
arbitration. Failure to remit the proper type of payment will result in the automatic rejection of the request(s) for binding
arbitration by the appraisal district.
Where to file: File this form and the appropriate deposit with the appraisal district. This form must be filed with the county
appraisal district that appraised the property for which arbitration is requested. Do not file the request with the Comptroller of
Public Accounts.
For assistance: If you have any questions about this application, contact the Texas Comptroller’s office at 1-800-252-9121
or 512-305-9999, or by email at ptad.arb@cpa.state.tx.us. Additional information can be found at
Expenses incurred by the property owner in preparing for and attending the arbitration are the
Other important information:
owner’s responsibility. The arbitration deposit may only be used to pay for the cost of the arbitrator and the Comptroller’s 10
percent administrative cost. All but the administration cost of the deposit will be refunded to the property owner if the arbitrator
determines that the value is nearer to the property owner’s opinion of value stated in the request for binding arbitration than the
value as determined by the appraisal review board.
A property owner who fails to strictly comply with legal requirements waives the property owner’s right to request
binding arbitration. A property owner who appeals to district court an appraisal review board order determining a protest
concerning appraised or market value waives the owner’s right to request binding arbitration. An arbitrator shall dismiss any
pending arbitration proceeding if the property owner’s rights are waived.
The taxes on the property that are the subject of the arbitration must be paid timely. Failure to pay taxes before the delinquency
date will result in the arbitration being dismissed with prejudice. A property owner, however, will receive a refund of all but 10
percent of the deposit, if the arbitration is dismissed under this circumstance.
Laws: The request for binding arbitration process is established by Tax Code Chapter 41A. Other relevant statutes are:
Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, this document may be
requested in alternative formats by calling 1-800-252-9121.
Federal Privacy Act: Disclosure of your Social Security number is required and authorized under law, for the purpose
of tax administration and identification of any individual affected by applicable law. 42 U.S.C. §405(c)(2)(C)(i); Texas
Government Code §§403.011 and 403.078. Release of information on this form in response to a public information request
will be governed by the Public Information Act, Chapter 552, Texas Government Code, and applicable federal law.
Public Information Act: Information on this form and its attachments are subject to disclosure under the Public
Information Act. Section 552.147, Texas Government Code, excepts Social Security numbers from disclosure. If this
form is requested as public information, your Social Security number will not be released.
You have certain rights under Chapters 552 and 559, Texas Government Code, to review, request and correct information
we have on file about you. Contact us at the phone number listed on this form.
AP-219-1 (Rev.5-13/9)

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