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RULE §13.41 Processing Vacancy: Attorney Ad Litem

Published: 2015

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(a) If, based on all the documents submitted, the applicant's list of necessary parties appears to be incomplete, the agency will conduct an investigation of the ownership interests in the alleged vacant land and in the land surrounding the alleged vacant land to ensure that all necessary parties have been identified and located. The investigation shall be completed within sixty (60) days of the application commencement date. (b) If the agency concludes from its investigation that the applicant has not identified and located all necessary parties, the commissioner will appoint an attorney ad litem within thirty (30) days of the conclusion of the investigation. (c) The agency shall provide the attorney ad litem with all documents submitted by the applicant and the results of the investigation described in subsection (a) of this section. (d) The attorney ad litem shall search public records and other available records to identify and locate necessary parties. (e) At the conclusion of his or her search, the attorney ad litem shall promptly provide the following documents to the agency:   (1) If no additional necessary parties were identified, a declaration that no additional necessary parties were identified.   (2) If additional necessary parties were identified, the name, last known address, and e-mail address (if known) for each additional necessary party and a brief description of the nature of the interest of each additional necessary party.   (3) An affidavit attesting to the attorney ad litem's determination, including a description of the search conducted, the records consulted, the time spent on the search, and the attorney ad litem's determination regarding the identification of additional necessary parties. (f) At the agency's request, the attorney ad litem may perform related services, such as searching for the location of an identified necessary party whom the agency deems unlocated. (g) If the attorney ad litem certifies to the agency that he or she believes that the interests of other necessary parties should be represented at a hearing, the agency shall request the attorney ad litem to represent the interests of such necessary party or parties until the commissioner issues an order finding no vacancy or finding that a vacancy exists. (h) The attorney ad litem is entitled to reasonable compensation for services. The reasonable fees for services and costs incurred by the attorney ad litem shall be paid by the agency from the applicant's cost deposit.

Source Note: The provisions of this §13.41 adopted to be effective February 22, 2011, 36 TexReg 1154