reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.507 - Other Licensees and Registrants

Current through Reg. 49, No. 28; July 12, 2024
The commissioner may waive the requirement in §
										1.504 of
					 this subchapter (relating to Fingerprint Requirement) for individuals listed
					 under §1.503(1), (2), (4), and (5) of this subchapter (relating to
					 Application of Fingerprint Requirement) if the individual, or the entity with
					 which the individual is associated, is not domiciled in
					 Texas.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.508 - Use and Confidentiality of Fingerprints

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will submit all fingerprints received under this subchapter to the Texas
				  Department of Public Safety and the Federal Bureau of Investigation to obtain
				  criminal history information on the individual for the purpose of determining
				  the individual's fitness for licensure, authorization, certification, permit,
				  or registration, or control of an entity holding or seeking a license,
				  authorization, certificate, permit, or registration.
(b) The department will use and maintain all
				  criminal history information obtained under this subchapter in accordance with
				  state and federal laws, including:
(1) Texas
				  Government Code §
											411.106, concerning
				  Access to Criminal History Record Information: Texas Department of
				  Insurance;
(2) Texas Government
				  Code §
											411.084, concerning
				  Use of Criminal History Record Information;
(3) United States
				  Public Law
				  92-544; and
(4) Code of Federal Regulations
				  28 CFR
				  50.12.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.509 - Fingerprint Format and Complete Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Each individual
				  described in §
										1.503 of this title (relating to
				  Application of Fingerprint Requirement) and who is required to submit
				  fingerprints under §
										1.504 of this title (relating to
				  Fingerprint Requirement) must have a complete set of their fingerprints
				  captured by:
(1) an electronic fingerprint
				  vendor authorized by the Texas Department of Public Safety; or
(2) a criminal law enforcement agency,
				  including a sheriff's office or police department.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter E - NOTICE OF TOLL-FREE TELEPHONE NUMBERS AND PROCEDURES FOR OBTAINING INFORMATION AND FILING COMPLAINTS › Section 1.601 - Notice of Toll-Free Telephone Numbers and Information and Complaint Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  applicability.
(1) The purpose of this section
				  is to provide the means for insurers and health maintenance organizations
				  (HMOs) to comply with the notice requirements of Insurance Code §
											521.103, concerning
				  Information Included in Evidence of Coverage or Policy; §521.005,
				  concerning Notice to Accompany Policy; and §521.056, concerning
				  Information Bulletin to Accompany Policy. Compliance with this section is
				  deemed compliance with these notice requirements.
(2) The notice must be provided at the time
				  of delivery with all policies, bonds, annuity contracts, certificates, or
				  evidences of coverage that are delivered, issued for delivery, or renewed in
				  Texas by insurers or HMOs. When insurers add a certificate holder, annuitant,
				  or enrollee to a group policy or group plan, insurers must also provide the
				  notice when the certificate, annuity contract, or evidence of coverage is
				  delivered.
(A) The notice must appear on a
				  full, separate page with no text other than that provided in this section. The
				  notice must be prominently placed in any package of documents it is delivered
				  with, and it must be the first, second, or third page of the set of
				  documents.
(B) The form of the
				  notice must be consistent with Figure: 28 TAC §
												1.601(a)(2)(B)
				  and the requirements of subsection (b) of this section. The form of notice is
				  not required to be filed with the department.
Attached
					 Graphic
(C) The
				  form of the notice for workers' compensation must be consistent with Figure: 28
				  TAC §
												1.601(a)(2)(C)
				  and the requirements of subsection (b) of this section. The form of notice is
				  not required to be filed with the department.
Attached
					 Graphic
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter E - NOTICE OF TOLL-FREE TELEPHONE NUMBERS AND PROCEDURES FOR OBTAINING INFORMATION AND FILING COMPLAINTS › Section 1.602 - Notice of Website

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  applicability.
(1) The purpose of this
				  section is to establish the form and content of the notice required under
				  Insurance Code §
											32.104(b),
				  concerning Duties of Insurer.
(2)
				  This section applies to insurers that comprise the top-25 insurance groups in
				  the national market and that issue residential property insurance or personal
				  automobile insurance policies in this state, including a Lloyd's plan, a
				  reciprocal or interinsurance exchange, a county mutual insurance company, a
				  farm mutual insurance company, the Texas Windstorm Insurance Association, the
				  FAIR Plan Association, and the Texas Automobile Insurance Plan
				  Association.
(3) This section
				  applies to all residential property insurance and personal automobile insurance
				  policies that are delivered, issued for delivery, or renewed in this state on
				  or after January 1, 2008.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter E - NOTICE OF TOLL-FREE TELEPHONE NUMBERS AND PROCEDURES FOR OBTAINING INFORMATION AND FILING COMPLAINTS › Section 1.603 - Complaint Information Available through the Texas Department of Insurance's Toll-Free Telephone Number

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Department of Insurance (TDI) will provide to the public through its
				  toll-free telephone number the information specified by the Insurance Code
				  §
										521.052,
				  including information collected or maintained by TDI relating to the number and
				  disposition of complaints received against an insurer that are justified,
				  verified as accurate, and documented as valid, expressed as a percentage of the
				  total number of insurance policies written by the insurer and in force on
				  December 31 of the preceding year.
(b) TDI considers a complaint justified if
				  the complaint is a confirmed complaint.
(c) A "confirmed complaint" is a complaint
				  for which TDI receives information indicating that:
(1) an insurer committed any violation of:
(A) an applicable state insurance law or
				  regulation;
(B) a federal
				  requirement TDI has authority to enforce; or
(C) the term or condition of an insurance
				  policy or certificate; or
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter F - SUMMARY PROCEDURES FOR ROUTINE MATTERS › Section 1.701 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The intent of this subchapter is to formalize agency
					 decision-making channels and to facilitate agency review of routine matters,
					 pursuant to the Insurance Code, Article 1.33. The board has determined the
					 activities designated in §
										1.702 of
					 this title (relating to Designated Activities) to be routine, voluminous,
					 repetitive, noncontroversial, and of limited interest to persons other than
					 those immediately involved in or affected by the proposed agency
					 decision.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter F - SUMMARY PROCEDURES FOR ROUTINE MATTERS › Section 1.702 - Designated Activities

Current through Reg. 49, No. 28; July 12, 2024
The following statutorily prescribed activities are
					 designated for summary procedure disposition:
(1) Filings of forms, rates, and related
				  filings pursuant to Insurance Code Articles 3.42, 3.50-6A, 3.70-12, 3.53, 3.74,
				  5.13-1; Chapters 23 and 26; and §
										3.3325(f)
				  and (g) of this title (relating to Medicare
				  Select Policies, Certificates, and Plans of Operation), but not withdrawals of
				  approval pursuant to Insurance Code Articles 3.42, 3.53, 5.13-1, and Chapter
				  23.
(2) Filings of forms, rates,
				  and related filings by health maintenance organizations pursuant to
				  §11.301(4)(A), (B), and (L), and (5)(C), (G), (K), (M), and (N) of this
				  title (relating to Filing Requirements), but not withdrawals of approval
				  pursuant to Insurance Code Chapter 20A.
(3) Filings of forms, rates, and related
				  filings by health maintenance organizations pursuant to §
										11.301 of
				  this title, except those listed in paragraph (2) of this section, but not
				  withdrawals of approval pursuant to Insurance Code Chapter 20A.
(4) Filings of application or renewal for the
				  following:
(A) agents and adjusters licenses
				  pursuant to Insurance Code Articles 1.14-2, 3.75, 21.07, 21.07-1, 21.07-2,
				  21.07-3, 21.07-4, 21.09, 21.11, 21.14, and 23.23, insurance premium finance
				  licenses pursuant to Insurance Code Article 24.03, and third party
				  administrator certificates of authority pursuant to Insurance Code Article
				  21.07-6;
(B) viatical and life
				  settlement certificates of registration pursuant to Insurance Code Article
				  3.50-6A;
(C) utilization review
				  agent certificates pursuant to Insurance Code Article 21.58A and §§
											19.1704(g)
				  and
				  19.2004
				  of this title (relating to Certification of Utilization Review Agents), and
				  independent review organization certificates pursuant to Insurance Code Article
				  21.58C and §
											12.109
				  of this title (relating to Appeal of Denial of Application or Renewal);
				  and
(D) licenses pursuant to
				  Insurance Code Articles 9.35 - 9.38, 9.41 - 9.45, 9.56, and 9.58.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter F - SUMMARY PROCEDURES FOR ROUTINE MATTERS › Section 1.703 - Delegation

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner of Insurance hereby delegates to the
					 following associate or deputy commissioners administration over the activities
					 designated in paragraphs (1) - (7) of this section. In the event the names of
					 certain divisions, titles, or positions within the department are changed due
					 to consolidation or expansion of the department's activities or divisions, the
					 delegation of the administration over the following activities will follow the
					 appropriate associate or deputy commissioner assuming responsibility for the
					 activity.
(1) Deputy commissioner for
				  life/health insurance is responsible for activities listed in §
										1.702(1) and
				  (4)(B) of this subchapter (relating to
				  Designated Activities).
(2) Deputy
				  commissioner for health maintenance organization is responsible for activities
				  listed in §
										1.702(2) and
				  (4)(C) of this subchapter.
(3) Senior associate commissioner for
				  financial is responsible for activities listed in §
										1.702(3)
				  of this subchapter.
(4) Deputy
				  commissioner for licensing is responsible for activities listed in §
										1.702(4)(A)
				  of this subchapter.
(5) Deputy
				  commissioner for title insurance is responsible for activities listed in §
										1.702(4)(D)
				  of this subchapter.
(6) Associate
				  commissioner for property and casualty insurance is responsible for activities
				  listed in §1.702(5) - (6) of this subchapter.
(7) Deputy commissioner of workers'
				  compensation insurance is responsible for activities listed in §
										1.702(7)
				  of this subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter F - SUMMARY PROCEDURES FOR ROUTINE MATTERS › Section 1.704 - Summary Procedure; Notice

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Actual notice for proposed negative action. In the case of proposed negative
				  action with regard to any delegated activity designated under §
										1.702 of
				  this subchapter (relating to Designated Activities), parties directly involved
				  shall be given actual notice at least five days in advance of the action
				  proposed. Actual notice means written or electronic notice. If the actual
				  notice is a written notice, it will be sent by mail addressed to the last known
				  address of the person, or, if the person is represented by an attorney, to the
				  person's attorney of record, as submitted with the filing, application, form,
				  or submission that is the subject of the proposed negative action. If the
				  actual notice is electronic, it will be sent electronically to the email
				  address or to the electronic destination, as applicable, from which the person
				  submitted the filing, application, form, or submission which is the subject of
				  the proposed negative action.
(b)
				  Notice of decision. For §1.702(1) - (7) of this subchapter, the
				  appropriate associate or deputy commissioner shall notify the person by mail or
				  electronic transmission of a positive or negative decision and the date of the
				  decision, shall record the decision in the department's electronic files, and
				  shall retain a record of the notification with the filing, application, form,
				  or submission or cause the appropriate license, certificate, or registration to
				  be mailed to the person.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter F - SUMMARY PROCEDURES FOR ROUTINE MATTERS › Section 1.705 - Review

Current through Reg. 49, No. 28; July 12, 2024
Any person affected by any action taken by an associate or
					 deputy commissioner under this subchapter may petition the Commissioner for a
					 hearing to review the matter. The petition must contain an identification of
					 the matter complained of and a petitioner's statement, including a rebuttal of
					 the associate or deputy commissioner's action, with specific particularity to
					 inform the Commissioner and any interested persons of the petitioner's reasons
					 and arguments serving as the basis of the petition. The petition must be filed
					 with the Chief Clerk, by mail to MC: GC-CCO, Texas Department of Insurance,
					 P.O. Box 12030, Austin, Texas 78711-2030; or by email to
					 ChiefClerk@tdi.texas.gov. The review will be conducted under the Texas
					 Administrative Procedure Act. Any further relief sought is governed by
					 Insurance Code §§
										36.201 -
					 36.205.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.801 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
In order to minimize delays which hamper small businesses
					 and other enterprises, this subchapter establishes time periods within which
					 the State Board of Insurance shall review and process permit applications
					 efficiently and provides for an appeal process should the agency violate these
					 periods.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.802 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Agency--The
				  State Board of Insurance, consisting of the board, the commissioner, all
				  divisions and departments, including the Fire Marshal's Office, and employees
				  thereof.
(2) Applicant--Any
				  individual, proprietorship, partnership, association, cooperative, corporation,
				  nonprofit organization, or any other organization that has made a permit
				  application with the State Board of Insurance.
(3) Board--The three-member State Board of
				  Insurance.
(4) Commissioner--The
				  commissioner of insurance.
(5)
				  Filing fee--The fee paid for filing a permit application with the
				  agency.
(6) Fire marshal--The state
				  fire marshal.
(7) HMO--Health
				  maintenance organization.
(8)
				  Permit--Any license, certificate, registration, permit, or other form of
				  authorization issued by the State Board of Insurance that must be obtained by a
				  person to engage in a particular business.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.803 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing any period of time prescribed or allowed by
					 this subchapter, the date of the act, event, or default after which the
					 designated period of time begins to run is not to be included. The last day of
					 the period so computed is to be included, unless it is a Saturday, a Sunday, or
					 a legal holiday, in which event the period runs until the end of the next day
					 which is not a Saturday, a Sunday, or a legal holiday.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.804 - Manner of Notice

Current through Reg. 49, No. 28; July 12, 2024
Notice. Written notice that an application is complete or
					 deficient will be delivered to the applicant by such means as will reasonably
					 provide actual notice, such as through a designated email address provided by
					 the applicant under §
										1.1302 of this title (relating to
					 Electronic Communications from the Texas Department of
					 Insurance).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.805 - Written Notice Not Required

Current through Reg. 49, No. 28; July 12, 2024
Written notice that an application is complete shall not be
					 required under this subchapter if an application is approved and a permit
					 issued during the notice period.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.806 - Agent's License

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice to
				  applicant. Within 40 days from receipt of an application for an agent's
				  license, the agency shall determine an application to be complete or deficient
				  for purposes of submission for review and shall issue written notice to the
				  applicant regarding the status of the application.
(1) Complete application.
(A) The written notice for a complete
				  application shall state that the application is complete and accepted for
				  filing for review as of the date of its receipt and shall include the
				  information contained in subsections (b) and (c)(2) of this section, unless
				  such information has previously been furnished to the applicant.
(B) For purposes of this section, an
				  application is complete upon agency determination that it is in compliance with
				  the content and form prescribed for submission for review by the
				  agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.807 - Company License

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice to
				  applicant. Within 120 days from receipt of an application for a company
				  license, the agency shall determine an application to be complete or deficient
				  and issue written notice to the applicant regarding the status of the
				  application. For the purposes of this section, license means any certificate of
				  authority granted by the agency pursuant to authority under the Insurance Code,
				  Article 1.14.
(1) Complete application.
(A) The written notice for a complete
				  application shall state that the application is complete and accepted for
				  filing and shall include the information contained in subsection (b) of this
				  section unless such information has previously been furnished to the
				  applicant.
(B) For purposes of this
				  section, an application is complete upon agency determination that it is in
				  compliance with the content and form prescribed by the agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.808 - Application for Foreign Admission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice to applicant. Within 60 days from receipt of an application for
				  admission to do business in the State of Texas, the agency shall determine an
				  application to be complete or deficient and shall immediately issue written
				  notice to the applicant regarding the status of the application.
(1) Complete application.
(A) The written notice for a complete
				  application shall state that the application is complete and accepted for
				  filing and shall include the information contained in subsection (b) of this
				  section unless such information has previously been furnished to the
				  applicant.
(B) For purposes of this
				  section, an application is complete upon agency determination that it is in
				  compliance with the content and form prescribed by the agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.809 - HMO Certificate of Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice to
				  applicant. Within 180 days from receipt of an application for an HMO
				  certificate of authority, the commissioner shall determine an application to be
				  complete or deficient and shall immediately issue written notice to the
				  applicant regarding the status of the application.
(1) Complete application.
(A) The written notice for a complete
				  application shall state that the application is complete and accepted for
				  filing and shall include the information contained in subsection (b) of this
				  section unless such information has previously been furnished to the
				  applicant.
(B) For purposes of this
				  section, an application is complete upon agency determination that it is in
				  compliance with the Texas Health Maintenance Organization Act,
				  §4.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.810 - Insurance Premium Finance License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice to applicant. Within 15 days from receipt of an application for an
				  insurance premium finance license, the agency shall determine an application to
				  be complete or deficient and shall immediately issue written notice to the
				  applicant regarding the status of the application.
(1) Complete application.
(A) The written notice for a complete
				  application shall state that the application is complete and accepted for
				  filing and shall include the information contained in subsection (b) of this
				  section unless such information has previously been furnished to the
				  applicant.
(B) For purposes of this
				  section, an application is complete upon agency determination that it is in
				  compliance with the content and form prescribed by the agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.811 - Policy Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice. Within
				  25 days of receipt of a form from a company for which no forms have been
				  approved by the agency, the agency shall determine a filing to be complete or
				  deficient for purposes of submission for review and shall issue written notice
				  to the company regarding the status of the form. For purposes of this section,
				  a form is a policy, contract, certificate of insurance, or other form set out
				  in the Insurance Code, Article 3.42.
(1)
				  Complete filing.
(A) The written notice for a
				  complete filing shall state that the form is complete and accepted for filing
				  for review as of the date of its receipt and shall include the information
				  contained in subsection (b) of this section unless such information has
				  previously been furnished to the company.
(B) For purposes of this section, a form is
				  complete upon agency determination that it is in compliance with the content
				  and form prescribed for submission for review by the agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.812 - State Fire Marshal Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice to
				  applicant. Within 30 days from receipt of an application for a certificate of
				  registration or license issued pursuant to the Insurance Code, Articles 5.43-1
				  through 5.43-4, the agency shall determine a filing to be complete or deficient
				  and immediately issue written notice to the applicant regarding the status of
				  the application.
(1) Complete application.
(A) The written notice for a complete
				  application shall state that the application is complete and accepted for
				  filing and shall include the information contained in subsection (b) and
				  subsection (c)(1) of this section unless such information has previously been
				  provided to the applicant.
(B) For
				  purposes of this section, an application is complete upon agency determination
				  that it is in compliance with the content and form prescribed by the
				  agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.813 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) Hearing.
(1) Notice. An applicant who does not receive
				  notice as to the complete or deficient status of a permit application within
				  the period established in this subchapter for such application may petition for
				  a hearing to review the matter.
(2)
				  Processing. An applicant whose permit is not approved or denied within the
				  period established in this subchapter for such permit may petition for a
				  hearing to review the matter.
(3)
				  Procedure. A hearing under this section shall be in accordance with the
				  Insurance Code, the Administrative Procedure and Texas Register Act, and
				  Subchapter A of this chapter (relating to Rules of Practice and
				  Procedure).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter G - NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS › Section 1.814 - Military Service Member, Military Veteran, and Military Spouse

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) The definitions for terms defined in
				  Occupations Code §
											55.001, concerning
				  Definitions, are applicable to this section, including the terms "military
				  service member," "military veteran," and "military spouse."
(2) for purposes of this section, "license"
				  has the same meaning as "permit," as defined in §
											1.802 of this title (relating to
				  Definitions), unless the context clearly indicates otherwise, and "licensee"
				  includes anyone who holds a permit issued by the agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter H - EMERGENCY CEASE AND DESIST ORDERS › Section 1.901 - Issuance of Emergency Cease and Desist Orders

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner of Insurance may issue an emergency cease
					 and desist order, ex parte, upon application by the staff of the Texas
					 Department of Insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter H - EMERGENCY CEASE AND DESIST ORDERS › Section 1.903 - Contents of the Emergency Cease and Desist Order

Current through Reg. 49, No. 28; July 12, 2024
An emergency cease and desist order will contain the
					 following:
(1) the name and last known
				  address of the affected person;
(2)
				  a short and plain statement of the alleged conduct that supports issuing the
				  order under Insurance Code §
										83.051;
(3) a requirement that the affected person
				  immediately cease and desist from the described conduct, acts, methods, or
				  practices;
(4) a statement of the
				  rights of the affected person to request a hearing to contest the order. This
				  statement will include:
(A) the specific
				  statutes or rules found to have been violated;
(B) a statement of legal authority and
				  jurisdiction under which the order is issued;
(C) the time limit for requesting a hearing
				  to contest the order, including citation to Insurance Code Chapter 83 and this
				  subchapter; and
(D) notice that the
				  burden of requesting the hearing is on the affected person; and
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter H - EMERGENCY CEASE AND DESIST ORDERS › Section 1.905 - Request for Hearing on Emergency Cease and Desist Orders

Current through Reg. 49, No. 28; July 12, 2024
A person who is affected by the issuance of an emergency
					 cease and desist order and who desires a hearing regarding such order must file
					 a written request for hearing with the chief clerk of the Texas Department of
					 Insurance no later than the 60th day after the date on which the person is
					 served the order. The chief clerk will send a copy of the request to the staff
					 attorney responsible for representing the Texas Department of Insurance at the
					 hearing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter I - DISCLOSURE OF GUARANTY FUND NONPARTICIPATION › Section 1.1001 - Disclosure of Guaranty Fund Nonparticipation

Current through Reg. 49, No. 28; July 12, 2024
(a) With the exception enumerated in this
				  section, each certificate or evidence of coverage and each insurance policy or
				  contract or application that is delivered or issued for delivery in this state
				  on or after January 1, 1990, and that is not covered by an insurance guaranty
				  fund or other solvency protection arrangement authorized by the Insurance Code
				  shall have the following notice affixed to the first page in no less than
				  10-point type. DISCLOSURE OF GUARANTY FUND NONPARTICIPATION: In the event the
				  insurer is unable to fulfill its contractual obligation under this policy or
				  contract or application or certificate or evidence of coverage, the
				  policyholder or certificateholder is not protected by an insurance guaranty
				  fund or other solvency protection arrangement.
(b) Mortgage guaranty insurers are required
				  to make the disclosure contained in subsection (a) of this section only on all
				  master policies, but not on individual certificates, delivered or issued for
				  delivery in this state on or after January 1, 1990.
(c) Each surplus lines contract certificate,
				  binder, cover note, or other confirmation of surplus lines insurance, including
				  any application used to bind coverage, shall have affixed to its first page the
				  notice prescribed by the Insurance Code, Article 1.14-2, §7(a), rather
				  than the disclosure contained in subsection (a) of this section.
(d) Instead of the language contained in
				  subsection (a) of this section, insurers issuing variable annuity contracts on
				  or after January 1, 1990, may affix the following notice to the first page of
				  such contracts in no less than 10-point type: "This contract is not covered by
				  an insurance guaranty fund or other solvency protection arrangement because
				  this contract is a contract under which the risk is borne by the
				  policyholder."
(e) Fidelity,
				  surety, and guaranty bonds delivered or issued for delivery in this state on or
				  after September 1, 1991, need not bear the disclosure notice required by
				  subsection (a) of this section.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter J - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 1.1101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide a protest
					 procedure to be used by any actual or prospective bidder, offeror, proposer, or
					 contractor who is aggrieved in connection with the solicitation, evaluation, or
					 award of a contract by the department. These procedures are consistent with
					 rules adopted by the General Services Commission.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter J - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 1.1102 - Filing of Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) An actual or
				  prospective bidder, offeror, proposer, or contractor who is aggrieved in
				  connection with the solicitation, evaluation, or award of a contract by the
				  department may file a written protest. The protest must be addressed to the
				  department's chief financial officer and must be received no later than 10
				  working days after the aggrieved person knows, or should have known, of the
				  occurrence of the action which is protested.
(b) The protest must be sworn and must
				  contain the following:
(1) a specific
				  identification of the statutory or regulatory provision(s) or procedure(s) that
				  the action complained of is alleged to have violated;
(2) a specific description of each act
				  alleged to have violated the statutory or regulatory provision(s) or
				  procedure(s) identified in the protest;
(3) a precise statement of the relevant
				  facts;
(4) an identification of the
				  issue or issues to be resolved;
(5)
				  argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed or delivered to all other identifiable interested
				  parties.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter J - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 1.1103 - Review of Protest and Determination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon receipt of a timely protest that conforms with this subchapter, the chief
				  financial officer will review the protest. The chief financial officer may
				  request written responses to the protest from any department staff and may
				  request from department staff any and all documents related to the protest. The
				  chief financial officer may solicit written responses to the protest from other
				  interested parties.
(b) The chief
				  financial officer has the authority, prior to appeal to the Commissioner, to
				  settle and resolve the dispute concerning the solicitation or award of the
				  contract.
(c) If the protest is not
				  resolved by mutual agreement, the chief financial officer will issue a written
				  determination on the protest.
(1) If the
				  chief financial officer determines that no violation of rules, statutes, or
				  procedures has occurred, the chief financial officer shall inform the
				  protesting party and all other interested parties of that determination by
				  letter, which must set forth the reasons for the determination.
(2) In a case where a contract has not been
				  awarded, if the chief financial officer determines that a violation of the
				  rules, statutes, or procedures has occurred, the chief financial officer shall
				  inform the protesting party and all other interested parties of that
				  determination by letter. The letter must set forth the reasons for the
				  determination and may set forth any appropriate remedial action.
(3) In a case where a contract has been
				  awarded, if the chief financial officer determines that a violation of the
				  rules, statutes, or procedures has occurred, the chief financial officer shall
				  inform the protesting party and other interested parties of that determination
				  by letter. The letter must set forth the reasons for the determination and may
				  set forth any appropriate remedial action, which may include canceling or
				  voiding the contract to the extent allowed by law.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter J - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 1.1104 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) A protesting party or any other
				  interested party who is not satisfied with the determination of the chief
				  financial officer may appeal the determination to the commissioner. The appeal
				  must be submitted in writing to the commissioner and received in the office of
				  the commissioner no later than 10 working days after the date of the chief
				  financial officer's determination. The appeal is limited to review of the chief
				  financial officer's determination.
(b) The appealing party must mail or deliver
				  copies of the appeal to all other interested parties. The appeal to the
				  commissioner must contain an affidavit that such copies have been
				  provided.
(c) Upon receipt of a
				  timely appeal that conforms with this subchapter, the commissioner may
				  designate one or more members of the department's executive management staff or
				  other employees of the department to review the protest, the determination of
				  the chief financial officer, and the appeal of the determination. The
				  designee(s) will prepare and submit to the commissioner a written
				  recommendation regarding the appeal.
(d) The written decision of the commissioner
				  shall be the final administrative action of the department regarding the
				  protest and appeal.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter J - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 1.1105 - Failure to File Timely

Current through Reg. 49, No. 28; July 12, 2024
Protests and appeals that are not filed timely will not be
					 considered, unless good cause for delay is shown or the commissioner determines
					 that a protest or appeal raises issues significant to the department's
					 procurement practices or procedures.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter J - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 1.1106 - Status of Procurement During Protest and Appeal

Current through Reg. 49, No. 28; July 12, 2024
If the contract being protested has not been awarded, upon
					 the timely filing of a protest and appeal under these procedures, the
					 department shall not proceed further with the solicitation or award of the
					 contract unless the chief financial officer, in consultation with the
					 appropriate executive management staff, makes a written determination that the
					 award of the contract without delay is necessary to protect substantial
					 interests of the State of Texas.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter J - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 1.1107 - Retention of Documents

Current through Reg. 49, No. 28; July 12, 2024
The department will maintain all documentation about the
					 purchasing process to be used in the event of a protest or appeal in accordance
					 with the department's retention schedule.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter K - SICK LEAVE POOL › Section 1.1201 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A sick leave pool is established to alleviate hardship
					 caused to an employee and the employee's immediate family if a catastrophic
					 injury or illness forces the employee to exhaust all eligible leave time earned
					 by that employee and to lose compensation time from the state.
(1) The Texas Department of Insurance's Human
				  Resources Director is designated as the pool administrator.
(2) The pool administrator will recommend a
				  policy, operating procedures, and forms for the administration of this section
				  for approval by the commissioner of insurance or designee.
(3) Operation of the pool shall be consistent
				  with the Government Code, Chapter 661.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter L - ELECTRONIC SUBMISSIONS AND COMMUNICATIONS › Section 1.1301 - Electronic Submissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding
				  any other provision in Part 1 of this title (relating to Texas Department of
				  Insurance), any submissions made to the Texas Department of Insurance
				  (department) may be made electronically, unless statute requires an alternative
				  method of submission.
(b) A
				  submission made electronically to the department must be made in accordance
				  with any specific procedure for electronic submissions established by statute
				  or rule. If a specific procedure for electronic submissions is not established
				  by statute or rule, an electronic submission must be made as specified on the
				  department's website.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter L - ELECTRONIC SUBMISSIONS AND COMMUNICATIONS › Section 1.1302 - Electronic Communications from the Texas Department of Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section, "regulated person" means
				  an individual, corporation, association, partnership, or other artificial
				  person holding an authorization, meaning a permit, license, certificate of
				  authority, certificate of registration, or other authorization, issued or
				  existing under the Commissioner's or the Texas State Fire Marshal's authority
				  or the Insurance Code.
(b)
				  Notwithstanding any other provision in Part 1 of this title (relating to Texas
				  Department of Insurance) other than §
										1.90
				  of this title (relating to Joint Memorandum of Understanding (MOU) between
				  Texas Department of Insurance (TDI) and State Office of Administrative Hearings
				  (SOAH) Concerning Procedures for Contested Cases before SOAH and
				  Responsibilities of Each Agency), the department may send official
				  communications to the email address designated for such communications by a
				  regulated person, unless statute requires a different method of
				  communication.
(c) Except as
				  provided by subsection (e) of this section, all regulated persons must provide
				  an email address that is designated for receipt of official department
				  communications. Regulated persons should provide the email address as specified
				  on the department's website. If communications may no longer be received at the
				  designated email address, the regulated person must notify the department and
				  designate a new email address within 10 business days.
(d) Notice or service sent by email under
				  this section satisfies any notice or service requirements, unless a different
				  method of notice or service is required by statute or §
										1.90
				  of this title.
(e) If a regulated
				  person does not have the technological capability to maintain an email address
				  designated for official department communications, or for good reason does not
				  wish to receive communications by email from the department, the regulated
				  person should notify the department as specified on the department's website
				  regarding address changes.
(f)
				  Subsection (c) of this section is applicable beginning January 1,
				  2022.