Texas Health and Safety Code 247.097 – Court Vacating Order
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(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 § 247.094(a).
Terms Used In Texas Health and Safety Code 247.097
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Venue: The geographical location in which a case is tried.
(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.