1. (a) The arbitrator is authorized but not limited to:

   1. (1) set the time and location of the arbitration proceeding within the provisions of the Texas Workers' Compensation Act (the Act), Articles 8308-6.03 and Article 8308-6.24;
   2. (2) compel the parties to exchange all pertinent medical reports and other documentary evidence, and proposals for resolving the issues in dispute;
   3. (3) conduct, at his/her discretion, preliminary conferences to identify issues to resolve questions concerning evidence and witnesses, and to otherwise expedite the arbitration proceeding;
   4. (4) exclude individuals other than the parties and the employer from the arbitration proceeding;
   5. (5) administer oaths;
   6. (6) take official notice of the law of Texas and other jurisdictions, Texas city and county ordinances, the content of the Texas Register, the rules of state agencies, facts that are judicially cognizable, and generally recognized facts within the commission's specialized knowledge;
   7. (7) determine the relevancy and materiality of the evidence offered, without a requirement to conform to legal rules of evidence; and
   8. (8) accept stipulations by the parties on uncontested issues.

2. (b) The arbitrator has a duty to:

   1. (1) disclose to all parties and the commission any potential conflicts with his/her position as arbitrator and other personal or business interests. Further, to disclose any circumstances that may affect impartiality, including past or present relationships, either personal or business, to any party;
   2. (2) protect the interests of all parties, including the advisement of the claimant's rights if not represented;
   3. (3) maintain the confidentiality of the arbitration proceeding;
   4. (4) encourage brevity, consistent with completeness, at all stages of the arbitration proceeding;
   5. (5) ensure that all relevant evidence has been disclosed to him/her and to all parties;
   6. (6) render an award based upon the evidence and consistent with the terms of the Act, and the rules and policies of the commission;
   7. (7) ensure an electronic recording is made of the proceedings;
   8. (8) arrange for the provision of interpreter services if necessary; and
   9. (9) comply with standards of conduct and ethical principles of his/her professional group, those set forth in the Act, commission rules, and the codes of professional responsibility promulgated by the arbitrator's professional association.

Source Note:The provisions of this §144.1 adopted to be effective December 31, 1991, 16 TexReg 7358.