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

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

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

1. (1) the order was procured by corruption, fraud, or misrepresentation;
2. (2) the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence; or
3. (3) the order exceeded the jurisdiction of the arbitrator under Section 242.264(a).

(d) A suit to vacate an arbitrator's order must be filed not later than the 30th day after:

1. (1) the date of the award; or
2. (2) the date the institution 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.

Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.