Texas Health and Safety Code

§ 247.097 — COURT VACATING ORDER

HS § 247.097Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 247. ASSISTED LIVING FACILITIES · Art. E. ARBITRATION

(a)On a finding described by Subsection (b), a court shall:

(1)on application of a facility, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department; or

(2)on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of a facility.

(b)A court shall vacate an arbitrator's order under Subsection (a) only on a finding that:

(1)the order was procured by corruption, fraud, or misrepresentation;

(2)the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence; or

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Legislative history

Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.