1. (a) Following a benefit review conference where one or more disputed benefit issue(s) remain unresolved, the parties may mutually agree to engage in arbitration on those issues.
2. (b) Parties agreeing to engage in arbitration must complete and sign a commission-prescribed form, and file it with the Arbitration Section of the Division of Hearings not later than the 20th day after the last day of the benefit review conference.

3. (c) A party may submit a response to the disputes identified as unresolved in the benefit review officer's report. The response shall:

   1. (1) be in writing;
   2. (2) describe and explain the party's position on the unresolved dispute or disputes;
   3. (3) be sent to the commission no later than 20 days after receiving the benefit review officer's report; and
   4. (4) be delivered to all other parties, as provided by §144.3 of this title (relating to Delivery of Copies of Documents).
4. (d) Except as provided by §144.10 of this title (relating to Stipulations, Agreements, and Settlements), the decision to proceed with arbitration in place of a contested case hearing, once filed with the commission, is binding and irrevocable for the resolution of all disputes arising out of the claims that are under the jurisdiction of the commission.

Source Note:The provisions of this §144.4 adopted to be effective December 31, 1991, 16 TexReg 7358.