Tex.
Health & Safety Code Section 247.097
Court Vacating Order
(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(3)
the order exceeded the jurisdiction of the arbitrator under Section 247.094 (Order)(a).(c)
If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.(d)
A suit to vacate an arbitrator’s order must be filed not later than the 30th day after:(1)
the date of the award; or(2)
the date the facility or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.(e)
Venue for a suit to vacate an arbitrator’s order is in the county in which the arbitration was conducted.
Source:
Section 247.097 — Court Vacating Order, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.247.htm#247.097 (accessed Jun. 5, 2024).
