reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.51 - Appeals to the Board of Acts, Rulings, or Decisions of Certain Persons, Associations, Organizations, or Other Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party aggrieved by a final decision
					 or order of the commissioner or the fire marshal in contested case may appeal
					 to the board after the decision or order complained of is final. To the extent
					 not superseded by the Act, the procedures specified in the Insurance Code,
					 Article 1.04(d), apply to appeals to the board from decisions of the
					 commissioner and are adopted for appeals to the board from decisions of the
					 fire marshal. An appeal to the board for review of an action of the
					 commissioner or the fire marshal shall be made within 30 days from the date
					 that the writing evidencing the official action or order complained of is final
					 and appealable, but, for good cause shown, the board may allow for an appeal
					 after that date.
(b) A person may
					 timely appeal to the board an act, ruling, or decision of the Texas Workers'
					 Compensation Assigned Risk Pool, the Texas Catastrophe Property Insurance
					 Association, or the Texas Medical Liability Underwriting Association by sending
					 the appeal to the chief clerk of the State Board of Insurance by first class or
					 by certified or registered United States mail in an envelope or wrapper
					 properly addressed and stamped and deposited in the mail one day or more before
					 the last day for filing the appeal, if the appeal is received by the chief
					 clerk's office not more than 10 days subsequent to the due date for
					 filing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.52 - Modification of Time Periods

Current through Reg. 49, No. 28; July 12, 2024
The time periods provided in §
											1.48
						of this title (relating to Final Decisions) and §
											1.49 of this
						title (relating to Motion for Rehearing) may be modified as provided in the
						Act, §16(f).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.53 - Summary Procedures

Current through Reg. 49, No. 28; July 12, 2024
Except for an application to the board for review of
						previous action on a routine matter pursuant to the Insurance Code, Article
						1.33, §(d), summary procedures for routine matters as specified in that
						article are not subject to the contested case provisions of the Rules of
						Practice and Procedure.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.54 - The Insurance Code, Chapter 5, Subchapter L

Current through Reg. 49, No. 28; July 12, 2024
Action of the board under the Insurance Code, Chapter 5,
						Subchapter L, is not subject to the contested case provisions of the Rules of
						Practice and Procedure.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.60 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
Any interested person may petition the board requesting
						the adoption of a rule as authorized by the Act, §11. Petitions shall be
						sent to the chief clerk. Petitions shall be deemed sufficient if they
						contain:
(1) the exact wording of the
					 new, changed, or amended proposed rule with new language underlined and deleted
					 language dashed out;
(2) specific
					 reference to the existing rule which is proposed to be changed, amended, or
					 repealed; and
(3) a justification
					 for the proposed action set out in narrative form with sufficient particularity
					 to inform the board and any other interested person of the reasons and
					 arguments on which the petitioner is relying.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.68 - Initiating Proceedings before the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Proceedings before the board are divided
					 into two classifications: matters over which it has original jurisdiction and
					 matters over which it has appellate jurisdiction. The provisions of the
					 Insurance Code, Article 1.04(b), vest original jurisdiction in the board to
					 determine policy, promulgate rules, and promulgate or approve rates.
					 Proceedings over which the board has original jurisdiction may be initiated as
					 follows.
(1) Any interested person may
					 petition the board requesting the adoption of a rule in accordance with §
												1.60
					 of this title (relating to Petition for Adoption of Rules).
(2) In any other matter, any person desiring
					 that the board perform some official act permitted or required by law shall
					 request such performance in writing. Such requests shall be directed to the
					 chief clerk of the board. Subject to §
												1.29 of this
					 title (relating to Pleadings), any written request shall be deemed sufficient
					 to present the subject matter to the board for its official consideration if
					 the request reasonably gives notice to the board of the act desired. The board
					 may also initiate proceedings on its own motion.
(3) Any interested person desiring a changed
					 or new standard and uniform manual rule, rating plan, classification plan,
					 statistical plan, or policy or endorsement form for motor vehicle insurance,
					 fire and allied lines insurance, workers' compensation insurance, and
					 multiperil insurance may petition the board in accordance with the procedure
					 specified in the Insurance Code, Article 5.96, and any rules adopted under the
					 Insurance Code, Article 5.98, applicable to such matter.
(4) Any person desiring a changed or new
					 standard and uniform rate, rating plan, manual rule, classification plan,
					 statistical plan, or policy or endorsement form for the lines of insurance
					 regulated under the Insurance Code, Chapter 5, Subchapter B, or the Insurance
					 Code, Article 5.53 or Article 5.53-A, may petition the board in accordance with
					 the procedure specified in the Insurance Code, Article 5.97, and any rules
					 adopted under the Insurance Code, Article 5.98, applicable to such
					 matter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.78 - Initiating Proceedings before the Commissioner or the Fire Marshal

Current through Reg. 49, No. 28; July 12, 2024
Proceedings shall be initiated as follows. Any person
						desiring that the commissioner or the fire marshal perform some official act
						permitted or required by law shall request such performance in writing. Such
						requests shall be directed to the hearings clerk. Subject to §
											1.29 of this
						title (relating to Pleadings), any written request shall be deemed sufficient
						to present the subject matter to the commissioner or the fire marshal for
						official consideration if the request reasonably gives notice to the
						commissioner or the fire marshal of the act desired. The commissioner or the
						fire marshal may also initiate proceedings.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.79 - Commissioner's or Fire Marshal's Hearing Docket

Current through Reg. 49, No. 28; July 12, 2024
When a matter has been initiated before the commissioner
						or the fire marshal and a hearing is required or shall be held, the hearings
						clerk shall enter the same on a docket. The docket shall show the number of the
						matter, a brief description of the subject to be considered, and the parties.
						The presiding officer shall make appropriate entries in the docket to show the
						history and disposition of the matter. The commissioner's or fire marshal's
						hearing docket shall be available for public inspection during business hours
						at the office of the hearings clerk.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.80 - Setting of Commissioner's or Fire Marshal's Hearings

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer shall set the time of any hearings;
						provided, however, that he or she may vacate or reset the time of any hearing.
						The presiding officer shall enter the date on the docket.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.81 - Place of Commissioner's or Fire Marshal's Hearings

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise directed by the commissioner, the fire
						marshal, or the presiding officer, all commissioner's and fire marshal's
						hearings shall be held in a commissioner's hearing room.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.82 - Forms and Scope of Discovery in Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Permissible forms of discovery by parties
					 are:
(1) oral depositions of a party or a
					 nonparty;
(2) written
					 interrogatories to a party;
(3)
					 requests of a party for admission of facts or the genuineness or identity of
					 documents or things;
(4) requests
					 of a party for production of documents and things for examination and copying
					 or photographing; and
(5) requests
					 of a party for entry upon and examination of real or personal property, or
					 both.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.83 - Service and Filing of Discovery Requests and Responses

Current through Reg. 49, No. 28; July 12, 2024
Requests for discovery and responses thereto shall be
						served in the manner provided by §
											1.28(d)
						of this title (relating to Service in Contested Cases) and should not be filed
						with the Hearings Division or Office of Administrative Hearings. Requests for
						issuance of a commission to take deposition shall be filed with the hearings
						officer with a proposed commission to take deposition only if the parties
						disagree on the scheduling or scope of the deposition. Depositions shall be
						returned in the manner provided in the Act, Texas Civil Statutes, Article
						6252-13a, §14. Except for good cause shown, all requests for discovery
						shall be timely made prior to the hearing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.84 - Deadlines for Responses to Discovery Requests

Current through Reg. 49, No. 28; July 12, 2024
Responses to discovery requests shall be made within a
						reasonable time period of not less than 14 days after receipt of service as
						directed by the party seeking discovery. The hearings officer may shorten or
						lengthen such time periods as the interest of justice requires. Nothing within
						this section shall prevent the party seeking discovery to extend response
						deadlines by agreement, but no such agreement shall be enforceable unless in
						writing and filed in the contested case that forms the basis for the discovery
						requests as provided in §
											1.31
						of this title (relating to Agreements To Be in Writing).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.85 - Requests for Admission

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided, requests for admission
						shall be governed by the applicable provisions of the Texas Rules of Civil
						Procedure. Each matter for which an admission is requested shall be separately
						stated. The matter shall be deemed to be admitted without necessity for an
						order unless, within the prescribed time for responding, the party to whom the
						request is directed serves upon the requesting party a written answer or
						objection addressed to the matter. The requests for admission document must
						clearly set forth this provision for deemed admissions, in bold print or by
						underlining, in a conspicuous location calculated to inform the opposing party
						of the consequences of a failure to respond within the prescribed time, as
						provided in §
											1.84
						of this title (relating to Deadlines for Responses to Discovery Requests). The
						hearings officer or the commissioner or board may permit withdrawal or
						amendment of responses and deemed admissions upon a showing of good cause, if
						necessary in the interest of justice.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.86 - Discovery Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission to
					 take deposition. The hearings officer is authorized to issue a commission to
					 take deposition, which shall authorize the issuance of any subpoenas necessary
					 to require that the witness appear and produce, at the time the deposition is
					 taken, books, records, papers, or other objects that may be necessary and
					 proper for the purposes of the proceeding.
(b) Other discovery orders. The hearings
					 officer may issue protective orders and orders compelling discovery responses.
					 Requests for orders compelling discovery shall contain a statement that, after
					 due diligence, the desired information cannot be obtained through informal
					 means, good faith efforts at negotiation have failed to produce the requested
					 discovery, and that good cause exists for requiring discovery. The hearings
					 officer may conduct in camera inspections of materials when requested by a
					 party or when necessary to determine facts required to issue appropriate
					 discovery orders, including protective orders. The request for a discovery
					 order may be denied if the request is untimely or unduly burdensome in light of
					 the complexity of the proceeding, if the requesting party has failed to
					 exercise due diligence, if the discovery would result in undue cost to the
					 parties or unnecessary delay in the proceeding, or for other good cause in the
					 interest of justice.
(c) Sanctions.
					 After notice and opportunity for hearing, an order imposing sanctions, as are
					 just, may be issued by the commissioner or the hearings officer for failure to
					 comply with a discovery order, or subpoena issued pursuant to a commission for
					 deposition or production of books, records, papers, or other objects. The order
					 imposing sanctions may:
(1) disallow any
					 further discovery of any kind or of a particular kind by the disobedient
					 party;
(2) require the party, the
					 party's representative, or both to obey the discovery order;
(3) require the party, the party's
					 representative, or both to pay reasonable expenses, including attorney fees,
					 incurred by reason of the party's noncompliance;
(4) direct that the matters regarding which
					 the discovery order was made shall be deemed established in accordance with the
					 claim of the party obtaining the order;
(5) refuse to allow the disobedient party to
					 support or oppose designated claims or defenses or prohibit the party from
					 introducing designated matters into evidence;
(6) strike pleadings or parts thereof or
					 abate further proceedings until the order is obeyed; or, if entered by the
					 commissioner;
(7) dismiss the
					 action or proceeding or any part thereof or render a decision by default
					 against the disobedient party.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.88 - Written Response to Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Requirement. When a contested case has been instituted, the respondent shall,
					 within 20 days of the date on which the notice of hearing is provided to the
					 respondent, file a written answer or other responsive pleading. Such response
					 shall be filed in accordance with §
											1.90(e)
					 of this title (relating to the 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), and in accordance with 1 TAC
					 §155.22(Filings).
(b)
					 Contested case. For purposes of this section, a contested case shall mean any
					 action that is referred by the Texas Department of Insurance to the State
					 Office of Administrative Hearings other than a rate promulgation or rate
					 approval proceeding.
(c) Notice;
					 when provided; required disclosure. For purposes of this section, notice of
					 hearing is provided to a respondent on the date of deposit in the United States
					 mails of a registered or certified letter, return receipt requested, containing
					 a notice of hearing, in accordance with provisions of §
											1.28 of this
					 title (relating to Notice and Service). The notice of hearing for a contested
					 case which is provided to a respondent in a contested case as defined in this
					 section shall include the required disclosure language set forth as follows in
					 capital letters and 12-point boldface type: IF YOU DO NOT FILE A WRITTEN
					 RESPONSE TO THIS NOTICE WITH THE STATE OFFICE OF ADMINISTRATIVE HEARINGS WITHIN
					 20 DAYS OF THE DATE THIS NOTICE WAS MAILED, THE SCHEDULED HEARING MAY BE
					 CANCELED AND THE COMMISSIONER OF INSURANCE MAY GRANT THE RELIEF SET OUT IN THIS
					 NOTICE OF HEARING, INCLUDING REVOCATION OF YOUR LICENSE(S) BY DEFAULT. IF YOU
					 FILE A WRITTEN RESPONSE BUT THEN FAIL TO ATTEND THE HEARING, THE COMMISSIONER
					 OF INSURANCE MAY GRANT THE RELIEF SET OUT IN THIS NOTICE OF HEARING, INCLUDING
					 REVOCATION OF YOUR LICENSE(S) BY DEFAULT.
(d) Remedies for failure to file a written
					 response. The failure of a respondent to timely file a written response as
					 provided in this section shall entitle TDI to the remedies outlined in §
											1.89
					 of this title (relating to Default: What Constitutes Default;
					 Remedies).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.89 - Default: What Constitutes Default; Remedies

Current through Reg. 49, No. 28; July 12, 2024
(a) What constitutes default. For purposes of
					 this subchapter, events described in paragraphs (1) or (2) of this subsection
					 constitute a default on the part of a respondent in a contested case:
(1) Failure of the respondent to file a
					 written response as provided in §
												1.88
					 of this title (relating to Written Response to Notice of Hearing); or
(2) Failure of the respondent to appear in
					 person or by legal representative on the day and at the time set for hearing in
					 a contested case, regardless of whether a written response has been
					 filed.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.90 - 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

Current through Reg. 49, No. 28; July 12, 2024
(a) General statement.
(1) The Insurance Code, Article 1.33B, added
					 by Chapter 685, §2.01, 73rd Legislature, 1993, mandates the commissioner
					 of TDI and the chief administrative law judge of SOAH to adopt by rule a joint
					 MOU governing hearings held by SOAH under the Insurance Code and other
					 insurance laws of this state. The statute provides that the MOU shall require
					 the chief administrative law judge and the commissioner of insurance to
					 cooperate in conducting hearings subject to its provisions. Article 1.33B
					 requires that an SOAH administrative law judge (ALJ) conduct any contested case
					 hearing required or permitted to be held before a decision may be rendered or
					 action taken by the commissioner or TDI, including, but not limited to,
					 hearings relating to the approval or review of rates or rating manuals filed by
					 individual companies, rate proceedings which include the benchmark rate
					 hearings, and other annual rate hearings. However, no later than September 1,
					 1994, or as long as the board retains jurisdiction of proceedings involving
					 promulgation and approval of rates; promulgation and approval of policy forms
					 and policy form endorsements; and hearings, proceedings, and rules related to
					 the referenced activities, the proceedings that are held before or pending on
					 January 1, 1994, shall be heard by the board or the board's designee.
(2) The MOU is necessary to accomplish the
					 efficient and expeditious hearing of matters under the jurisdiction of TDI by
					 establishing the procedures to be used by each agency and clearly delineating
					 each agency's responsibilities. Additionally, the MOU is necessary to inform
					 the public of each agency's responsibilities and the procedures for the
					 institution, conduct, and determination of proceedings before SOAH on behalf of
					 TDI.
(3) The MOU provides
					 procedures for referring the case to SOAH, the notice of hearing, filing
					 requirements, hearings, final orders, motions for rehearing, and custody of the
					 hearing record.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.201 - Staff Proposals or Petitions for Rule Making

Current through Reg. 49, No. 28; July 12, 2024
All department staff proposals and petitions for rule
						making shall be considered and processed in accordance with departmental
						procedures established and revised as necessary by the commissioner. The
						commissioner may approve the publication of a staff proposal or petition for
						rule making without a hearing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.202 - Public Proposals or Petitions for Rule Making

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope of Sections. The procedures for
					 public petitions for all rule making, including rule making under Government
					 Code, §
											2001.021,
					 and the Insurance Code, Articles 5.96(b) and 5.97(b), shall be governed by the
					 provisions of these sections to the extent not governed by statute.
(b) Filing of Petition and Duties of Chief
					 Clerk. Petitions for rule making from interested persons shall be submitted to
					 the Office of the Chief Clerk. Once the petition has been submitted, the Office
					 of the Chief Clerk will take the actions described in paragraphs (1)-(3) of
					 this subsection, as follows:
(1) assign a
					 reference number to the petition and add it to the list of rule proposals
					 pending before the department;
(2)
					 provide a copy to the appropriate department staff for review and response;
					 and
(3) notify the petitioner of
					 the name, address and telephone number of the staff person reviewing the
					 proposal and designated as contact person for inquiries, as well as the
					 reference number assigned to the petition.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.203 - Publication and Comments on Proposals for Rule Making

Current through Reg. 49, No. 28; July 12, 2024
(a) Submission. Publication of proposed rules
					 shall request that written comments be filed with the Office of the Chief
					 Clerk, including proposed rules under the Insurance Code, Articles 5.96 and
					 5.97.
(b) Incorporation Of Forms By
					 Reference. Notice of a proposed new rule or amendment to an existing rule under
					 Government Code, Chapter 2001, which includes a new form or a change to an
					 existing form incorporated by reference in the new or existing rule shall:
(1) include the text of the new form or
					 proposed change to the existing form; or
(2) state that the proposal includes a new
					 form or change to the existing form, accompanied by a description of the new
					 form or change to the existing form sufficiently specific to provide the
					 substantive detail about the new form or change to the existing form.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.204 - Final Action for Rule Proposals Where a Hearing Is Neither Requested nor Required

Current through Reg. 49, No. 28; July 12, 2024
When there is no request for a hearing and no hearing is
						required by statute, the commissioner may take final action on a proposed rule
						by signing an order of adoption without a hearing. Action on the proposed rule
						is solely within the discretion of the commissioner.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.205 - Final Action for Rule Proposals Where a Hearing or Meeting Is Requested or Required

Current through Reg. 49, No. 28; July 12, 2024
When a hearing or meeting is required by statute or these
						rules, the commissioner may take final action on a proposed rule only after a
						hearing which meets the requirements of paragraphs (1)-(3) of this
						section.
(1) The commissioner shall
					 conduct the hearing. All interested persons shall be permitted to make oral
					 comments to the commissioner.
(2)
					 As soon as practicable after the comment period has expired and the hearing has
					 been docketed and scheduled, the staff will prepare a summary of comments and
					 responses with any recommendations, as well as an attachment highlighting any
					 recommended changes to inform the commissioner about issues, concerns, and
					 questions raised during the period for comment.
(3) Action on the proposed rule is solely
					 within the discretion of the commissioner. The commissioner may take the matter
					 under advisement at the conclusion of the hearing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.206 - Post Rule Adoption Procedures by the Office of the Chief Clerk

Current through Reg. 49, No. 28; July 12, 2024
The Office of the Chief Clerk shall provide by first
						class mail to the petitioning party a copy of the written order on any rule
						resulting from a petition to initiate rule making proceedings. A copy of such
						order shall also be provided to any party who requested a hearing on the
						rule.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.207 - List and Copies of Pending Petitions for Rule Proposals

Current through Reg. 49, No. 28; July 12, 2024
The Office of the Chief Clerk shall maintain a list of
						public petitions to initiate rule making before the department which have not
						yet been published for public comment or denied by commissioner's order. The
						list will be posted in the lobby of the offices of the Texas Department of
						Insurance in a place accessible to the public. The list of pending rule
						proposals shall be updated weekly. A copy of each petition for rule making,
						regardless of whether it relates to rule making under the Government Code,
						Chapter 2001, or under the Insurance Code, Articles 5.96 or 5.97, shall be
						marked with the date it was received by the Office of the Chief Clerk, and made
						available for public inspection during normal business hours in the Office of
						the Chief Clerk.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.208 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 and §
											1.209 of this title (relating to
					 Telephone, Fax, Email Address, Website Address, and Department Addresses in
					 Rules, Forms) and §
											1.210 of this title (relating to
					 Notice to Customers) apply to all documents or information provided to
					 consumers or the public that include TDI contact information, including
					 contracts, policies, evidences of coverage, bonds, certificates of insurance,
					 and notices delivered, issued for delivery, or renewed in this state, and
					 subject to regulation under the Insurance Code, except as specified in §
											1.210 of this title.
(b) Documents and information described in
					 subsection (a) of this section and issued on or after July 1, 2023, must
					 reflect the current TDI contact information described in §
											1.209 of this title, except as
					 provided by subsection (c) of this section and §
											1.210 of this title.
(c) Notwithstanding subsection (b) of this
					 section, insurers, health maintenance organizations, and other regulated
					 persons may continue to use and issue documents and information described in
					 subsection (a) of this section until September 1, 2023, if the documents or
					 information were printed before January 1, 2023.
(d) Documents and information described in
					 subsection (a) of this section that were approved or filed, whichever is
					 applicable, before January 1, 2023, may be delivered or issued for delivery
					 without refiling.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.209 - Telephone, Fax, Email Address, Website Address, and Department Addresses in Rules, Forms

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this section is to update TDI rules and to
						require insurers, health maintenance organizations (HMOs), and other regulated
						persons to update old references to TDI telephone numbers, fax numbers, email
						addresses, the website address, and TDI mailing addresses with the new contact
						information as follows.
(1) Where a
					 section in Title 28, Part 1 references the domain name "tdi.state.tx.us" in a
					 website or email address, this section substitutes "tdi.texas.gov" as the new
					 domain name. Insurers, HMOs, and other regulated persons must update all their
					 documents and information described in §
											1.208(a) of this
					 title (relating to Applicability) to reflect the current domain name.
(2) Where a section in Title 28, Part 1
					 references any of the following telephone or fax numbers, this section
					 substitutes the new number as referenced in Figure: 28 TAC §
											1.209(2).
					 Insurers, HMOs, and other regulated persons must update all their documents and
					 information described in §
											1.208(a) of this
					 title to reflect the current telephone and fax numbers.
Attached
						Graphic
(3) Where
					 a section in Title 28, Part 1 references the address at 1110 San Jacinto
					 Boulevard, Austin, Texas 78701 or 333 Guadalupe Street, Austin, Texas 78701,
					 this section substitutes 1601 Congress Avenue, Austin, Texas, 78701. Where a
					 section in Title 28, Part 1 references the Texas Department of Insurance
					 mailing address as P.O. Box 149104, Austin, Texas 78714-9104, this section
					 substitutes P.O. Box 12030, Austin, Texas 78711-2030. Insurers, HMOs, and other
					 regulated persons must update all their documents and information described in
					 §1.208(a) to reflect the new address.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 2 - RULE MAKING PROCEDURES › Section 1.210 - Notice to Customers

Current through Reg. 49, No. 28; July 12, 2024
For contracts, plans, or policies that are in effect but
						do not expire, insurers and health maintenance organizations must notify their
						customers by providing the applicable updated notice forms required in §
											1.601 of this title (relating to
						Notice of Toll-Free Telephone Numbers and Information and Complaint Procedures)
						and §
											1.602 of this title (relating to
						Notice of Website), not later than September 1, 2023. This section does not
						apply to title insurance agents or title insurance companies.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter B - FEES, CHARGES, AND COSTS › Section 1.301 - Charges for Copies of Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The charge to any person requesting copies of any public record of the Texas
				  Department of Insurance shall be the charge for such copy or copies as
				  established by the General Services Commission in 1 TAC §§
				  111.61-111.70.
(b) The Texas
				  Department of Insurance may waive the charges addressed in subsection (a) of
				  this section, at the discretion of the commissioner, or the commissioner's
				  designee, if a public benefit would result from such waiver.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter B - FEES, CHARGES, AND COSTS › Section 1.302 - Charges for Affixing the Official Seal and Certifying to the Seal

Current through Reg. 49, No. 28; July 12, 2024
The charge to any person or entity requesting the affixing
					 of the official seal and certifying to the seal shall be $11, inclusive of the
					 $1.00 fee required by the Civil Practice and Remedies Code, §
										22.004.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter C - ASSESSMENT OF MAINTENANCE TAXES AND FEES › Section 1.414 - Assessment of Maintenance Taxes and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Each calendar year by Commissioner order
				  the department will assess rates for maintenance taxes and fees on the gross
				  premiums of insurers for the following lines of insurance:
(1) motor vehicle insurance, under Insurance
				  Code §
											254.002;
(2) casualty insurance and fidelity,
				  guaranty, and surety bonds, under Insurance Code §
											253.002;
(3) fire insurance and allied lines,
				  including inland marine, under Insurance Code §
											252.002;
(4) workers' compensation insurance, under
				  Insurance Code §
											255.002;
(5) workers' compensation insurance, under
				  Labor Code §
											403.003;
(6) workers' compensation insurance, under
				  Labor Code §
											405.003;
(7) workers' compensation insurance, under
				  Labor Code §
											407A.301;
(8) workers' compensation insurance, under
				  Labor Code §
											407A.302; and
(9) title insurance, under Insurance Code
				  §
											271.005.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.501 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to implement Chapter 53, Occupations Code, and sections and
				  articles of the Insurance Code and Occupations Code that require and authorize
				  the department to determine a person's fitness for holding a license,
				  authorization, certification, permit, or registration, or a person's fitness to
				  have the ability to control licensed, registered, permitted, certificate
				  holding, and authorized entities, when that person has committed a criminal
				  offense or has engaged in fraudulent or dishonest activity. This subchapter
				  also establishes the procedure by which the department may obtain criminal
				  history information on persons applying for a license, authorization,
				  certification, permit, or registration, or acquiring the ability to control an
				  entity holding or seeking a license, authorization, certificate, permit, or
				  registration. To effect this implementation the department has developed
				  guidelines in §
										1.502
				  of this subchapter (relating to Licensing Persons with Criminal Backgrounds)
				  identifying the types of criminal offenses that directly relate to the duties
				  and responsibilities of licensed and authorized insurance activities which are
				  of such a serious nature that they are of prime importance in determining the
				  person's fitness for licensure, authorization, certification, permit or
				  registration, or control of a licensed, registered, permitted, certificate
				  holding, or authorized entity.
(b)
				  Section
				  1.502
				  of this subchapter applies to the following persons:
(1) applicants for, or holders of, any
				  license, registration, permit, authorization, or certification, including
				  temporary or training licenses or certificates, as agents, adjusters, public
				  insurance adjusters, counselors, risk managers, reinsurance intermediaries,
				  title agents, title escrow officers, title attorneys, utilization review
				  agents, independent review organizations, viatical and life settlement
				  registrants, workers' compensation health care networks, management
				  contractors, and administrators, under the following Insurance Code provisions:
(A) Chapter 4201;
(B) Chapter 4202;
(C) Chapter 981;
(D) Chapter 1111;
(E) Chapter 1305;
(F) Chapter 2552;
(G) Chapter 2651 Subchapter A;
(H) Chapter 2652;
(I) Chapter 4001;
(J) Chapter 4051;
(K) Chapter 4052;
(L) Chapter 4053;
(M) Chapter 4054;
(N) Chapter 4055;
(O) Chapter 4056;
(P) Chapter 4101;
(Q) Chapter 4102;
(R) Chapter 4151;
(S) Chapter 4152;
(T) Chapter 4153; or
(U) any other provision providing for any
				  type of license, registration, certification, permit, or authorization that the
				  department may deny or revoke because of a criminal offense of the applicant or
				  license holder;
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.502 - Licensing Persons with Criminal Backgrounds

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The special nature of the relationship between licensees, insurance companies,
				  other insurance-related entities, discount health care programs, and the public
				  with respect to insurance and related businesses regulated by the department
				  requires that the public trust and rely on licensees because of the complex and
				  varied nature of insurance, insurance-related products, and discount health
				  care programs.
(b) Fire protection
				  systems and equipment are often technically sophisticated beyond the knowledge
				  or understanding of the average consumer. During times of imminent personal
				  danger, the public relies on licensees to have correctly designed, installed,
				  and serviced fire protection systems and equipment to operate the first time
				  and each time they are needed. Additionally, licensees are often permitted to
				  service these systems unescorted in nursing homes, schools, day care centers,
				  and commercial facilities where children and those unable to protect themselves
				  are present and valuables are located. Finally, the manufacturing, storing,
				  selling, and discharge of fireworks requires numerous special precautions to
				  maintain a safe environment for the licensees and the public. Each of these
				  factors requires the public to trust and rely on these individuals.
(c) The department considers it very
				  important that license and authorization holders and applicants, including
				  those regulated under the State Fire Marshal's Office, the officers, directors,
				  members, managers, partners, and any other persons who have the right to
				  control a license or authorization holder or applicant, and the members of
				  boards of directors of insurance companies, be honest, trustworthy, and
				  reliable.
(d) After notice and
				  opportunity for hearing and, as applicable, consideration of the factors
				  addressed in subsection (e) of this section, in accordance with Texas
				  Occupations Code §
										53.021 the
				  department may refuse to issue an original license or authorization and may
				  revoke, suspend, or refuse to renew a license or authorization if the
				  department determines that the applicant or license or authorization holder, or
				  any partner, officer, director, member, manager, or any other person who has
				  the right to control the applicant or license or authorization holder, has been
				  convicted of or placed on deferred adjudication for:
(1) an offense that directly relates to the
				  duties and responsibilities of the licensed occupation;
(2) an offense listed in Code of Criminal
				  Procedure Article 42A.054; or
(3) a
				  sexually violent offense as defined by Code of Criminal Procedure Article
				  62.001.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.503 - Application of Fingerprint Requirement

Current through Reg. 49, No. 28; July 12, 2024
The fingerprint requirement in §
										1.504(a)
					 of this subchapter (relating to Fingerprint Requirement) applies to the
					 following individuals:
(1) applicants
				  for any license, registration, certification, authorization or permit,
				  including temporary or training licenses or certificates, as agents, adjusters,
				  public insurance adjusters, counselors, risk managers, reinsurance
				  intermediaries, title agents, title escrow officers, viatical and life
				  settlement registrants, workers' compensation health care networks, management
				  contractors, and administrators, under the following Insurance Code provisions:
(A) Chapter 4201;
(B) Chapter 4202;
(C) Chapter 981;
(D) Chapter 1111;
(E) Chapter 1305;
(F) Chapter 2651, Subchapter A;
(G) Chapter 2652;
(H) Chapter 4001;
(I) Chapter 4051;
(J) Chapter 4052;
(K) Chapter 4053;
(L) Chapter 4054;
(M) Chapter 4056;
(N) Chapter 4101;
(O) Chapter 4102;
(P) Chapter 4151;
(Q) Chapter 4152; or
(R) Chapter 4153.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.504 - Fingerprint Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) In the manner
				  described in §
										1.509 of this title (relating to
				  Fingerprint Format and Complete Application), each individual listed in §
										1.503 of this title (relating to
				  Application of Fingerprint Requirement) must, at or near the same time that
				  they submit their biographical information or application for licensure,
				  registration, authorization, certification, or permit, also submit:
(1) a complete set of the individual's
				  fingerprints;
(2) full payment for
				  all processing fees charged by the Texas Department of Public Safety and the
				  Federal Bureau of Investigation; and
(3) all additional identifying information
				  required by the Texas Department of Public Safety and the Federal Bureau of
				  Investigation for processing fingerprints.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.505 - Nonresident Agents and Adjusters

Current through Reg. 49, No. 28; July 12, 2024
(a) As
				  authorized under Insurance Code §§
										4056.055
				  and
				  4101.004, the
				  commissioner may waive the requirement in §
										1.504 of
				  this subchapter (relating to Fingerprint Requirement) to the extent necessary
				  to comply with federal law and promote reciprocal licensing between the states
				  for nonresident individuals holding an agent or adjuster license in their state
				  of residence.
(b) The requirement
				  in §
										1.504 of
				  this subchapter is in addition to and does not alter the criminal history
				  reporting requirement set forth in Insurance Code §
										4056.051
				  for nonresident individuals who do not hold a license in their state of
				  residence.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter D - EFFECT OF CRIMINAL CONDUCT › Section 1.506 - Insurance Companies and Related Entities

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(3)
					 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.