reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.401 - Authority for Accident Prevention Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Compliance with these rules is mandated by the Texas Labor Code, §
				  501.043.
(b) The director's
				  responsibility is mandated by the Texas Labor Code, § 501.043.
(c) Each agency under the Texas Labor Code,
				  § 501.043, has the general duty to furnish each of its employees' places
				  of employment free from recognized hazards likely to cause physical
				  harm.
(d) Each employing agency
				  will designate one, or as many accident prevention coordinators as may be
				  required, who will be responsible for the implementation within that department
				  of the safety rules promulgated by the director.
(1) The employing agency will report to the
				  director any changes in personnel designated as an accident prevention
				  coordinator.
(2) Within 60 days
				  after an inspection report has been received by an agency--if it contains
				  recommendations requiring corrective action--a reply will be made delineating
				  items on which action has been taken, or is to be taken. Where action cannot be
				  taken, it should be so stated and reasons listed.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.402 - Accident Prevention Rules

Current through Reg. 49, No. 28; July 12, 2024
The following is adopted by reference as accident
					 prevention rules of the director, State Office of Risk Management. Copies of
					 the Occupational Safety and Health Standards may be obtained by writing
					 superintendent of documents, United States Government Printing Office,
					 Washington, D.C.20402. The Occupational Safety and Health Standards, Department
					 of Labor, Occupational Safety and Health Administration being:
(1) 29 Code of Federal Regulations, Part
				  1910, republished in its entirety as of November 7, 1978 (commonly known as
				  OSHA); and
(2) 29 Code of Federal
				  Regulations, Part 1926, Occupational Safety and Health Regulations for
				  Contractors, republished in its entirety February 9, 1979, and amendments
				  thereto.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.403 - Interpretation of Director

Current through Reg. 49, No. 28; July 12, 2024
Any adopted rule will be interpreted by the director so as
					 to reflect the intent of the rule when applied to state agencies and
					 employees.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.404 - National Safety Council Guidelines

Current through Reg. 49, No. 28; July 12, 2024
Hazards not covered by an existing rule will be treated in
					 conformity with recognized national safety procedures and identified as such.
					 Recommendations for correction will be made in keeping with National Safety
					 Council guidelines and those of organizations referenced therein, all of which
					 are legally incorporated by reference to this part and have same force and
					 effect as other standards in this part.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.405 - Administration of Accident Prevention Rules

Current through Reg. 49, No. 28; July 12, 2024
It is the express intent of the director that all accident
					 prevention rules be administered in such a manner as not to create an
					 unmanageable hardship on any agency or department. Compliance will be required
					 in accordance with the ability of the department to respond, taking into
					 consideration the nature of the discrepancy and any existing budgetary
					 limitations.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.406 - Correction of Cited Discrepancy

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Within 90 days after a cited variance or violation, if in the opinion of an
				  interested party, the hazard cannot be corrected with the means at hand or
				  compliance would work an undue hardship or the involved agency does not believe
				  it should be required to comply, a written request for a hearing shall be given
				  to the director.
(b) If in the
				  director's judgment, the protest is valid, appropriate relief will be
				  determined and granted.
(1) If the matter
				  cannot be disposed of, it shall be scheduled for a hearing.
(2) Hearings will be held by the director or
				  his designee.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.407 - Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing
				  request will be by written procedure setting out:
(1) subject matter;
(2) reason for request;
(3) list of witnesses who will appear;
				  and
(4) itemization of evidence to
				  be submitted.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.408 - Hearing Records

Current through Reg. 49, No. 28; July 12, 2024
The record in a hearing shall include petition of
					 applicant, supporting documents, response of accident prevention manager,
					 transcript of proceedings, and director's ruling.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.409 - Request for Change in Rules

Current through Reg. 49, No. 28; July 12, 2024
Any agency, commission, board, or department of the State
					 of Texas interested in any safety rule, standard, or regulation, or an
					 amendment, modification, change, or repeal thereof, may write the director
					 requesting a hearing on such rule, standard, or regulation.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.410 - Provisions for Requesting a Change in Rules

Current through Reg. 49, No. 28; July 12, 2024
Such request for hearing shall be in writing to the
					 director, setting out specifically the regulation, standard, amendment,
					 modification, change, or repeal upon which a hearing is desired, and the
					 reasons therefor. Any hearing held shall be open to the
					 public.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.411 - Director's Determination Regarding Change in Rules

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of request, the director may resolve the issue
					 by confirming without a hearing his previous ruling. If the material issues
					 presented by the request have not been previously considered, the director will
					 hold a hearing on the matter. Notice of the time and place of the hearing shall
					 be given to the requestor. The issues involved and the date of the hearing will
					 be published in the Texas Register for any other interested
					 parties.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.412 - Substitute Rule Request

Current through Reg. 49, No. 28; July 12, 2024
The director will formulate and promulgate such substitute
					 rule, standard, or regulation as he shall determine to be reasonable if need
					 for same is established.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter D - ACCIDENT PREVENTION › Section 251.413 - Availability of Rules

Current through Reg. 49, No. 28; July 12, 2024
Every rule, standard, or regulation adopted and every
					 amendment, change, or repeal thereof shall be published and the director shall
					 make same available for inspection and copying during normal business hours at
					 the office of the State Office of Risk Management.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to:
(1) equitably distribute the cost of funding
				  workers' compensation losses, the cost of administering claims, and the cost of
				  providing loss control services to participating state agencies;
(2) encourage the development and
				  implementation of risk management programs and practices designed to minimize
				  occupational injuries and illnesses; protect state property; and provide
				  appropriate safety and health training for all state employees;
(3) pool large and small risks to enable
				  catastrophic loss(es) to be spread throughout all participating state agencies;
				  and
(4) encourage compliance with
				  State Office of Risk Management regulations, and the policies and programs
				  recommended in Risk Management For Texas State Agencies within the following
				  areas of risk: property exposures; workers' compensation exposures; and
				  liability exposures.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.503 - 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:
(1) Claims Cost--The net amount of payments
				  made on claims, minus subrogation and restitution costs, as reported by the
				  Office.
(2) Covered Agency--A
				  department, board, commission, or institution of this state with workers'
				  compensation coverage under Chapter 501 of the Texas Labor Code (Labor
				  Code).
(3) Covered FTE--An FTE
				  covered under workers' compensation coverage under Chapter 501 of the Labor
				  Code.
(4) Injury Frequency Rate
				  (IFR)--The number of accepted claims, as reported by the State Office of Risk
				  Management (the Office), per 100 covered FTEs. For purposes of this calculation
				  all agencies are deemed to have no less than 100 employees.
(5) Payroll--The total dollars paid for gross
				  salary for all covered Full-Time Equivalents (FTEs), as reported by covered
				  agencies.
(6) Plan Year--The state
				  fiscal year beginning on September 1 and ending on August 31 the following
				  year.
(7) Texas Enterprise Risk
				  Management Guidelines --Risk management guidelines published by the Office for
				  implementation and use by covered state agencies.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.505 - Total assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Each plan year
				  the Office will calculate the total amount to be collected from covered
				  agencies to pay the aggregate costs of:
(1)
				  workers' compensation losses; and
(2) the Office's risk management
				  program.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.507 - Calculating the Allocation of the Total Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) The total assessment will be divided
				  among participating agencies based on each agency's:
(1) payroll as a percentage of all
				  participating agencies' payroll;
(2) FTEs as a percentage of the total of all
				  participating agencies' FTEs;
(3)
				  the total number of accepted claims as multiplied by the agency's IFR
				  modifier;
(4) claim costs as a
				  percentage of all claims payments made on behalf of participating agencies;
				  and
(5) such other relevant factors
				  as the Board may determine.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.509 - Omitted or Newly Created Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In the event that a covered agency is omitted from the annual assessment for
				  any plan year, that agency will promptly:
(1)
				  remit to the Office an assessed amount based on projected payroll and FTEs, as
				  reported by the agency; and
(2)
				  reimburse the Office for all covered losses incurred in that plan year in
				  excess of the assessed amount.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.511 - Required Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  other reports required under this chapter, each covered agency shall report to
				  the Office not later than February 1 of each plan year their total payroll and
				  the number of covered FTEs, by funding source for the prior plan year. The
				  report shall be made in the form and manner required by the Office.
(b) In addition to other reports provided by
				  the Office to covered state agencies, the Office will report to each covered
				  agency not later than March 1 of each plan year the agency's injury frequency
				  rate, accepted claims, and claims cost for the three most recent plan years.
				  The Office may satisfy this requirement by posting the information required on
				  its web site.
(c) The reports
				  required by this section may be amended, supplemented or corrected at any time
				  prior to June 1 of the plan year. The calculation of assessments to agencies
				  will be made using the data contained in these reports as of June 1 of each
				  year.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.513 - Date of payment for assessments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each covered agency's assessment payment must be received by the Office not
				  later than the third day after appropriations becomes available on USAS in the
				  new fiscal year, except as otherwise provided by this rule.
(b) Upon timely petition and justification by
				  the requesting agency, and subject to review and approval by the Office, the
				  portion of an agency's assessment which must be paid from funding sources that
				  must first be collected may be paid in semiannual or quarterly installments. An
				  agency authorized by the Office to exercise this option must pay at least 25%
				  of that portion of the agency's assessment which will be paid from funding
				  sources that must first be collected by the date specified in 251.513(a), with
				  the balance of the assessment due according to the payment schedule approved by
				  the Office.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.515 - Changes in the Factors, Relative Weights, Modifiers and Caps Used in the Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				  modify the factors, relative weights, modifiers or caps set forth in §
										251.507
				  of this subchapter in open meeting and after notice as provided by the Open
				  Meetings Act.
(b) Any person may
				  request that the Board make specific changes to modify the factors, relative
				  weights, modifiers or caps used in calculating agency assessments. Specific
				  requests for changes must be delivered to the General Counsel for the Office by
				  March 1 of any plan year to be considered for adoption in the following plan
				  year.
(c) Any modification of the
				  factors, relative weights, modifiers or caps used in calculating agency
				  assessments will be made in accordance with the statement of purpose contained
				  in §
										251.501 of
				  this subchapter.
(d) The Office
				  shall publish on its website the effective factors, relative weights, modifiers
				  or caps to be used in calculating agency assessments on or before the 15th day
				  following any modifications made by the Board pursuant to subsection (a) of
				  this section.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.517 - Unitization of agency assessments

Current through Reg. 49, No. 28; July 12, 2024
An agency may allocate the assessment authorized in these
					 rules internally to promote the purposes set forth in §251.501. In
					 allocating costs internally an agency is not bound to use the same factors and
					 weighting established in these rules. The Office will provide data, to the
					 extent that it is available, to assist agencies in properly allocating costs to
					 the internal units designated by the agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter E - RISK ALLOCATION PROGRAM › Section 251.519 - Distribution of Existing Claim Fund Appropriation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office will make recommendations to
				  the Comptroller of Public Accounts regarding the distribution of funds
				  appropriated to the Office for FY2003.
(b) The amount distributed to each agency
				  will be calculated to make the assessment "revenue neutral" as it impacts
				  general revenue funds held in the state treasury.
(c) The Office will recommend an amount be
				  distributed to an agency calculated by subtracting from the agency's assessment
				  the amount of the agency's liability for reimbursement of actual paid workers'
				  compensation losses in FY2000 and the amount of the expected Risk Management
				  contract which would have been charged without the change in funding methods.
				  That total will be multiplied by the percentage of actual re-appropriation for
				  the assessment approved by the Comptroller of Public Accounts for FY2002 to
				  maintain a revenue neutral status for general revenue funds in
				  FY2003.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 251 - STATE EMPLOYEES - WORKERS' COMPENSATION › Subchapter F - AGENCY ADMINISTRATION › Section 251.601 - Historically Underutilized Businesses Program

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Government Code §
										2161.003, the State
					 Office of Risk Management adopts by reference the Historically Underutilized
					 Business Program rules of the Texas Building and Procurement Commission, as
					 such rules may be amended by the commission from time to time. The rules may be
					 found at 1 T.A.C. §§ 111.11-111.28. Copies are available upon request
					 from the General Counsel, State Office of Risk Management, P.O. Box 13777,
					 Austin, TX 78711-3777.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter A - CHAPTER DEFINITIONS; OFFICE FORMS AND COMMUNICATIONS › Section 252.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Business Day--Days in
				  which an agency operates under a normal business schedule, including days in
				  which an agency is staffed with a skeleton crew and optional holidays as
				  defined in Texas Government Code §
										662.003(c).
(2) Claim--A demand by an individual or
				  entity to recover a financial loss caused by an agency or its
				  employee.
(3) Exposures--A
				  situation, practice or condition that might lead to a loss.
(4) Incident--An event that disrupts normal
				  activities and may become a loss or claim.
(5) Insurance Policy--Any line of insurance,
				  other than health or life insurance, including liability insurance authorized
				  under Government Code, Chapter 612. This definition applies to all property,
				  casualty and liability insurance.
(6) Liability--Includes every character of
				  hazard or responsibility. The term includes professional liability, medical
				  malpractice, employment and civil rights violations, and similar liabilities.
				  The term includes, but is not limited to, the duty to pay for:
(A) the actions or lack of action by a state
				  official, state employee, or person operating under the authority of the
				  state;
(B) liability-assumed
				  contracts such as lease or rental agreements; and
(C) liabilities created by federal or state
				  law, or common law.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter A - CHAPTER DEFINITIONS; OFFICE FORMS AND COMMUNICATIONS › Section 252.103 - Forms and Communications - In General

Current through Reg. 49, No. 28; July 12, 2024
(a) Forms referenced in this chapter may be
				  obtained at The State Office of Risk Management's website at
				  www.sorm.state.tx.us unless otherwise noted in the rules.
(b) All forms and applications pertaining to
				  a particular matter shall be sent to the Office simultaneously, whenever
				  practicable. Where the original of a document is required by these rules,
				  facsimile or electronic transmission shall not be used. Except for reports
				  required under Subchapter B, correspondence to the Office under this chapter
				  shall be addressed to: State Office of Risk Management, Bonds and Insurance
				  Section by:
(1) interagency mail code No.031
				  (state agencies only);
(2)
				  facsimile transmission to (512) 472-4769, (subject to change as posted on the
				  Office's website);
(3) hand
				  delivery to: 300 W. 15th Street, 6th Floor, Austin, Texas 78701;
(4) regular mail to: P.O. Box 13777, Austin,
				  Texas 78711-3777; or
(5) electronic
				  mail to bonds.insurance@sorm.state.tx.us.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter B - RISK MANAGEMENT › Section 252.201 - State Risk Management Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  state agency covered by Texas Labor Code, Chapter 412, shall develop and
				  implement an agency risk management program, which shall include a safety and
				  health program and a return-to-work program. State agency risk management
				  programs shall either:
(1) comply with the
				  risk management guidelines, including risk control and risk financing,
				  contained in the Texas Enterprise Risk Management Guidelines published by the
				  State Office of Risk Management (the Office); or
(2) utilize other appropriate nationally
				  recognized standards, including Occupational Safety and Health Administration
				  (OSHA) standards.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter B - RISK MANAGEMENT › Section 252.203 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A state agency subject to the Texas Labor
				  Code, Chapter 412, shall file the following with the Office no later than
				  October 30 of each year:
(1) an annual Loss
				  Summary Report on the SORM-200;
(2)
				  a list of any loss exposures unique to the agency that have not been reported
				  and placed in a statewide database accessible to the Office.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter C - REPORTING AND OBTAINING INSURANCE COVERAGE › Section 252.301 - Review of Lines of Insurance by the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter shall apply to agencies
				  of the State of Texas, courts or institutions subject to Labor Code, Chapter
				  501, except for an institution subject to §501.022.
(b) The Office shall select lines of
				  insurance for review based on the following factors:
(1) reported purchases by agencies;
(2) identified exposures and liabilities as
				  reported by agencies or as determined by the Office;
(3) the number of agencies requesting the
				  line or type of insurance;
(4)
				  whether the insurance is necessary to protect the interests of the
				  state;
(5) whether the insurance is
				  economically advantageous to the state;
(6) whether the line is available from
				  acceptable vendors at acceptable prices; or
(7) other relevant factors as determined by
				  the Office.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter C - REPORTING AND OBTAINING INSURANCE COVERAGE › Section 252.303 - Purchases of Approved Lines

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office
				  shall procure insurance policies to be generally available to agencies.
				  Policies from specific vendors shall be selected for statewide use and posted
				  on the Office website. Unless excepted by subsections (c) or (d), agencies
				  shall use a policy from one of these pre-selected lines.
(b) To participate in a sponsored insurance
				  policy, an agency shall complete and submit the SORM-201 along with any other
				  information requested by the Office. The form must be submitted 15 days before
				  the inception date of any sponsored policy.
(c) Agencies must seek a written exception to
				  obtain a line of insurance under a policy not sponsored by the Office when the
				  Office offers the line under a sponsored policy. Agencies must submit a
				  SORM-201 and all documentation supporting the coverage 30 days before the
				  inception of the proposed policy. If, after review of the submission, the
				  Office finds that the agency has unique exposures or that the purchase is
				  necessary because of substantial or unusual risk of loss or that the coverage
				  is necessary to protect the interests of the state, the Office shall authorize
				  the purchase.
(d) To purchase a
				  policy from lines other than approved policies, agencies must submit a SORM-201
				  and all documentation supporting the necessity of the coverage 30 days before
				  the inception of the proposed policy. If, after review of the submission, the
				  Office finds that the agency has unique exposures or that the purchase is
				  necessary because of substantial or unusual risk of loss or that the coverage
				  is necessary to protect the interests of the state, the Office shall authorize
				  the purchase.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter C - REPORTING AND OBTAINING INSURANCE COVERAGE › Section 252.305 - Purchases of Prohibited Lines

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  reviewing lines of insurance as provided under §252.301, the Office may
				  prohibit agencies from purchasing particular lines of insurance. Agencies may
				  apply to the Office for an exception to purchase coverage under a prohibited
				  line in the following manner:
(1) submit a
				  SORM-201 to the Office 45 days before the effective date of the proposed
				  policy; and
(2) state the grounds
				  for seeking the otherwise prohibited policy.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter C - REPORTING AND OBTAINING INSURANCE COVERAGE › Section 252.307 - Reporting Purchases of Insurance

Current through Reg. 49, No. 28; July 12, 2024
State agencies shall initiate the process of procuring or
					 renewing a line of insurance not yet reviewed by the Office by completing the
					 SORM 201 and submitting it to the Bonds and Insurance Section of the Office no
					 later than 30 days before the intended purchase is scheduled to
					 occur.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter C - REPORTING AND OBTAINING INSURANCE COVERAGE › Section 252.309 - Agency Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) Agencies
				  participating in any insurance polices covered under this subchapter shall:
(1) timely pay premiums incurred by the
				  agency to the insurer as calculated per policy;
(2) coordinate with underwriters by complying
				  with reasonable requests for information in a timely manner unless otherwise
				  directed by state legal counsel;
(3) consider and respond to insurer loss
				  control recommendations;
(4)
				  cooperate with insurer claims personnel to investigate and process claims;
				  and
(5) comply with the Office's
				  loss control mandates.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter C - REPORTING AND OBTAINING INSURANCE COVERAGE › Section 252.311 - Reporting Losses and Claims, by Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) Agencies shall report all losses and
				  claims to the Office in the form and manner prescribed by the Office by the
				  close of the tenth calendar day following the day of any claims or losses or
				  any changes in status thereto, including settlement or denial. If the
				  applicable insurance policy requires a shorter reporting time period for claims
				  or losses, the time period in the policy shall govern both reports to the
				  Office and the insurance company.
(b) Agencies shall notify the Office of the
				  Attorney General of claims pursuant to Civil Practice & Remedies Code,
				  Chapter 101 on written notice of a claim. Agencies shall notify the Office of
				  the Attorney General of claims pursuant to Civil Practice & Remedies Code,
				  Chapter 104 on written notice of a lawsuit.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter C - REPORTING AND OBTAINING INSURANCE COVERAGE › Section 252.313 - Insurers' Report to the Office

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except for health or life insurance, insurers shall report to the Office any
				  policy, contract or agreement for any line of insurance delivered or renewed on
				  or after January 1, 2002 to an entity subject to this subchapter. Insurance
				  under this section includes surety bonds.
(b) Insurers shall complete the SORM-202 and
				  submit it to the Office not later than 30 days before the date any intended
				  sale of coverage is scheduled to occur.
(c) During a policy's term, the insurer shall
				  notify the Office within 30 days of:
(1)
				  policy changes upon issuance;
(2)
				  claims filed as settled;
(3)
				  cancellation and reinstatement notices; or
(4) non-renewal notices.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter D - SURETY BOND PURCHASES › Section 252.401 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  shall be applicable to a state department, commission, board, institution,
				  court, or institution of higher education or soil conservation district of the
				  state. This subchapter does not apply to any other political subdivisions of
				  the state.
(b) Surety bonds shall
				  not be purchased without approval of the Office. State agencies failing to
				  obtain approval for purchases of surety bonds may result in non-authorization
				  of the expenditure and/or report to the legislature for appropriate
				  action.
(c) This subchapter does
				  not affect the purchase by a state agency of any form of insurance other than a
				  surety bond.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter D - SURETY BOND PURCHASES › Section 252.403 - Surety Bond Purchases

Current through Reg. 49, No. 28; July 12, 2024
(a) State agencies
				  shall initiate the process of purchasing surety bonds by submitting the
				  SORM-201 not later than 30 days before the inception date of the
				  bond.
(b) The following factors
				  shall be considered by the Office in determining the necessity of surety bonds
				  for state agencies:
(1) whether the bond is
				  required under the Texas Constitution, federal law or regulation, or court
				  order;
(2) whether the surety bond
				  is warranted by a substantial or unusual risk of loss;
(3) whether the surety bond is necessary to
				  protect the interests of the state; and/or
(4) other relevant factors.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter D - SURETY BOND PURCHASES › Section 252.405 - Reporting of Claims Against Surety Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) Claims against surety bonds shall be
				  reported by entities subject to this subchapter in the manner provided in
				  §252.311.
(b) Claims against
				  surety bonds shall be reported by insurers in the manner provided in
				  §252.313.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter E - NOTARIES WITHOUT BOND › Section 252.501 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) State employees
				  whose duties include service as notaries shall serve without bond and shall not
				  submit a notary bond or notary bond filing fee with their notary applications.
				  Notaries without bond shall otherwise meet the general requirements of
				  Government Code, Chapter 406, including but not limited to, maintaining a
				  notary record book and taking the official oath.
(b) This subchapter shall be applicable only
				  to a state department, commission, board, institution, court, or institution of
				  higher education or soil conservation district of the state. This subchapter
				  does not apply to other political subdivisions of the state.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter E - NOTARIES WITHOUT BOND › Section 252.503 - Notaries Without Bond - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants shall complete the Secretary
				  of State (SOS) form 2301-NB and the SORM-201 and provide it to the employing
				  agency for submission to the Office.
(b) The agency shall submit to the office:
(1) the original SOS form 2301-NB;
(2) the original SORM-203; and
(3) an inter-agency transfer voucher (ITV)
				  payable to the Secretary of State. The employee's name shall appear in the
				  descriptive legal text (DLT). The ITV shall constitute acceptable proof of the
				  applicant's state-employment status, to be verifiable through the employing
				  agency at any time.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter E - NOTARIES WITHOUT BOND › Section 252.505 - Agency Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency
				  shall provide a stamp to the notary upon which "Notary without Bond" is
				  affixed. Information for ordering the stamp is available on the Office's
				  website or by contacting the Bonds and Insurance Section of the Office. A
				  notary without bond may not use a stamp unless the stamp contains the
				  additional line reading "Notary without Bond". Notaries without bond shall use
				  this stamp on all documents notarized pursuant to their official state duties.
				  The stamp shall comply with all additional notary stamp requirements of the
				  Secretary of State.
(b) Agencies
				  shall require notaries without bond to attend a notary training class, either
				  provided internally or externally. Information concerning notary training is
				  available on the Office's website or by contacting the Bonds and Insurance
				  Section of the Office.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter E - NOTARIES WITHOUT BOND › Section 252.507 - Notification Requirements Upon Transfer or Termination of Notaries Without Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon transfer
				  of any notary without bond to another state agency, the new agency shall
				  immediately notify the Bonds and Insurance Section of the Office using the
				  SORM-204.
(b) Upon termination of
				  any notary without bond, the terminating agency shall immediately notify the
				  Bonds and Insurance Section of the Office using the SORM-204.
(c) Notaries without bond should voluntarily
				  resign notary commissions immediately before termination of state employment or
				  as soon thereafter as practicable. Immediately before termination, each agency
				  shall notify all notaries without bond of the Office's recommendation. The
				  stamp shall remain with the agency upon termination of state employment as
				  state property. The original of the notary record book shall remain with the
				  employee unless the employee resigns the commission, in which case the employee
				  shall comply with Government Code §
										406.022.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter E - NOTARIES WITHOUT BOND › Section 252.509 - State Employees' Notarization of Documents Outside of State Employment

Current through Reg. 49, No. 28; July 12, 2024
(a) A state
				  employee is not prohibited from purchasing a notary bond or paying the
				  Secretary of State's bond filing fee at personal expense. The cost of the
				  notary bond filing fee and bond premium shall not be reimbursed by any state
				  agency or with any other state funds. State employees who purchase a notary
				  bond shall complete a standard SOS form 2301 form and follow the filing
				  procedures as established by the Secretary of State.
(b) Notaries without bond who notarize
				  documents outside of their state duties and who fail to use the "Notary without
				  Bond" stamp shall be subject to disciplinary action by their respective
				  agencies.
Texas Administrative Code › Title 28 - INSURANCE › Part 4 - STATE OFFICE OF RISK MANAGEMENT › Chapter 252 - STATE RISK MANAGEMENT › Subchapter E - NOTARIES WITHOUT BOND › Section 252.511 - Reporting of Claims Against Notaries Without Bond

Current through Reg. 49, No. 28; July 12, 2024
Claims against notaries without bond shall be reported by
					 entities subject to this subchapter in the manner provided in
					 §252.311.
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 276.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this chapter
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Office of Injured
				  Employee Counsel (OIEC)--An independent state agency created by the 79th Texas
				  Legislature, Regular Session, 2005, to represent the interests of injured
				  employees in the workers' compensation system.
(2) Ombudsman--A specially trained employee
				  of the Office of Injured Employee Counsel (OIEC) who assists injured employees
				  with disputes in the workers' compensation system.
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 276.3 - Agency's Ethics Statement and Employee Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Changes or amendments to the Office of
				  Injured Employee Counsel's (OIEC) rules may be petitioned by an interested
				  person. Rulemaking petitions shall be in the form of a letter to the Public
				  Counsel that contains the following:
(1) a
				  brief statement summarizing the proposed section or changes to the
				  section;
(2) the text of the
				  adopted section in the exact form proposed for adoption;
(3) a statement setting forth the statutory
				  reference that authorizes the proposed rule or rule change;
(4) a suggested effective date;
(5) any other matter which may be required by
				  law;
(6) the petitioner's name,
				  mailing address, and telephone number; and
(7) the petitioner's signature.
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 276.4 - 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 employee's immediate family if a catastrophic illness
					 or injury forces the employee to exhaust all sick leave earned by the employee
					 and to lose compensation from the state.
(1) The agency head shall develop and
				  administer a procedure for the administration of this section.
(2) Operation of the pool shall be consistent
				  with Chapter 661 of the Texas Government Code.
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 276.5 - Employer's Notice of Ombudsman Program and First Responder Liaison to Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) All employers
				  participating in the workers' compensation system shall post notice of the
				  Office of Injured Employee Counsel's (OIEC) Ombudsman Program. This notice
				  shall be posted in the workplace where each employee is likely to see the
				  notice on a regular basis.
(b) This
				  notice of the Ombudsman Program shall be publicly posted in English, Spanish,
				  and any other language that is common to the employer's employees.
(c) The text of the notice shall be as
				  follows without any additional words or changes:
Attached Graphic
(d) An employer that employs first
				  responders or that supervises volunteer first responders shall:
(1) Post the notice contained in paragraph
				  (3) of this subsection in its workplace to inform employees who are first
				  responders or volunteers who are first responders about the OIEC first
				  responder liaison. The notice shall be posted in the personnel office and in
				  the workplace where employees or volunteers are likely to read the notice on a
				  regular basis.
(2) "First
				  responder" has the meaning assigned by Texas Labor Code §
											504.055.
(3) The following notice shall be printed in
				  English and Spanish or in English and any other language common to the
				  employer's affected employee population. The text of the notice shall be as
				  follows without any additional words or changes:
Attached Graphic
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 276.6 - Notice of Injured Employee Rights and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Public Counsel adopts by reference
				  the Notice of Injured Employee Rights and Responsibilities in the Texas
				  Workers' Compensation System (Notice) in accordance with Labor Code §
										404.109.
(b) The Notice shall be distributed by the
				  Texas Department of Insurance, Division of Workers' Compensation
				  (Division).
(c) The Notice may be
				  obtained from the:
(1) Office of Injured
				  Employee Counsel's website at
www.oiec.texas.gov
or at the physical location
				  located at 1601 Congress Avenue, Austin, Texas 78701; or
(2) Texas Department of Insurance, Division
				  of Workers' Compensation website at
www.tdi.texas.gov
or at the physical location
				  located at 1601 Congress Avenue, Austin, Texas 78701.
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter B - OMBUDSMAN PROGRAM › Section 276.10 - Ombudsman Training and Continuing Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  phrases shall have the following meaning in this section unless the context
				  clearly indicates otherwise:
(1) Continuing
				  education: A formal training program required for all ombudsmen in this
				  state.
(2) Ombudsmen education and
				  training program: The training required by the Office of Injured Employee
				  Counsel (OIEC) to serve as an ombudsman, which results in certification upon
				  completion.
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter B - OMBUDSMAN PROGRAM › Section 276.11 - Access to Injured Employee Medical Documentation

Current through Reg. 49, No. 28; July 12, 2024
Upon written request, a health care provider shall provide
					 the Office of Injured Employee Counsel (OIEC) medical documentation regarding
					 an injured employee within five (5) business days from the date posted on the
					 request at no cost to OIEC. A health care provider's reimbursement from an
					 insurance carrier for costs of documentation provided to OIEC are prescribed by
					 the provisions of §
										134.120
					 of this title. A health care provider or insurance carrier that fails to comply
					 with the requirements of this section commits an administrative violation. The
					 Commissioner shall enforce a violation under this section in accordance with
					 Chapter 415 of the Texas Labor Code.
Texas Administrative Code › Title 28 - INSURANCE › Part 6 - OFFICE OF INJURED EMPLOYEE COUNSEL › Chapter 276 - GENERAL ADMINISTRATION › Subchapter B - OMBUDSMAN PROGRAM › Section 276.13 - Ombudsman Program Ethics Code of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition. Groundless--no basis in law
				  or fact and not warranted by a good faith argument for the extension,
				  modification, or reversal of existing law.
(b) The Office of Injured Employee Counsel
				  Ombudsmen shall adhere to the ethical standards as reflected in Rule 13 of the
				  Texas Rules of Civil Procedure in that groundless factual or legal assertions
				  will not be made by the Ombudsman. Groundless factual or legal assertions that
				  might be made by an injured employee or other person without the foreknowledge
				  of the Ombudsman are not included in this prohibition. This shall not be
				  construed as a limitation to Texas Labor Code §
										404.101 in the
				  pursuit of valid claims or issues.