reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter M - PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES › Section 1.1501 - General Provisions and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Statutory basis and purpose. This
				  subchapter implements the provisions of the Insurance Code, Article 21.15-6,
				  which provides for disability probation for agents who are disabled by a
				  mental, physical or emotional condition.
(b) Severability. Where any terms or section
				  of this subchapter is determined by a court of competent jurisdiction to be
				  inconsistent with any statute of this state or to be unconstitutional, the
				  remaining terms and provisions of this subchapter shall remain in
				  effect.
(c) Definitions. The
				  following words and terms, when used in this subchapter, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Agent--Any individual licensed as an
				  agent by the Texas Department of Insurance.
(2) Commissioner--The commissioner of
				  insurance.
(3) Department--The
				  Texas Department of Insurance.
(4)
				  Disability--Any physical, mental or emotional condition that significantly
				  impairs an agent's ability or results in an agent's inability to carry out the
				  agent's professional responsibilities to insureds, the profession, or the
				  public.
(5) Independent
				  evaluation--An evaluation performed by a professional individual or
				  organization licensed by the State of Texas to treat and/or diagnose physical,
				  mental, or emotional conditions to determine if an agent suffers from a
				  disability due to such conditions. The evaluation should include the extent of
				  the disability and whether the disability may be successfully arrested and
				  treated while the agent is engaged in the agent's professional
				  business.
(6) Staff--Designated
				  representatives of the staff of the Texas Department of Insurance for
				  participation in the disciplinary proceedings related to the agent.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter M - PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES › Section 1.1502 - Request for Probation in Lieu of Suspension, Revocation, or Cancellation of License

Current through Reg. 49, No. 28; July 12, 2024
(a) An agent may
				  raise the issue of disability and request probation pursuant to the Insurance
				  Code, Article 21.15-6, and this subchapter, prior to a hearing to suspend,
				  revoke or cancel the agent's license.
(1) An
				  agent may request probation prior to a contested case hearing after receipt of
				  a notice of intention to institute disciplinary action from the staff of the
				  department against the agent suggesting suspension, revocation or cancellation
				  of an agent's license. The request for probation must be submitted prior to the
				  hearing on such disability, and the agent must furnish the items specified in
				  subparagraphs (A) and (B) of this paragraph:
(A) written stipulations in a format
				  acceptable to the staff of the department; and
(B) evidence of the agent's
				  disability.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter M - PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES › Section 1.1503 - Procedures for Placing an Agent on Probation

Current through Reg. 49, No. 28; July 12, 2024
The procedures for placing an agent on probation are
					 described in paragraphs (1)-(8) of this section.
(1) The department may require the agent to
				  undergo an independent evaluation at the agent's expense by a licensed
				  professional competent to evaluate the agent's alleged disability.
(2) If the request for probation is not
				  raised by the agent at a hearing already in progress, following the evaluation
				  of the agent described in paragraph (1) of this subsection, and after such
				  other investigation of pertinent facts as the department may choose to conduct,
				  a notice of hearing on the question of whether probation of the agent should be
				  granted will be sent to the agent. A hearing will be held on the request for
				  probation unless the parties resolve all issues related to the request and a
				  consent order is signed.
(3) Either
				  the agent or the department may introduce into evidence at the hearing any
				  material evidence relevant to the question of whether probation should be
				  granted to the agent in lieu of suspension or revocation of the agent's
				  license. The department is specifically authorized to introduce into evidence a
				  written recommendation of the departmental employee assigned to review the
				  desirability or non-desirability of probation for the disabled agent. The
				  departmental employee may be called to testify about the desirability or
				  non-desirability of probation or any aspect of the written recommendation upon
				  the request of either party, if the written recommendation is introduced into
				  evidence.
(4) The hearing shall be
				  held in accordance with the provisions of the Government Code, §
										2001.051,
				  et seq., and Subchapter A of this chapter (relating to Rules of Practice and
				  Procedure).
(5) The agent may not
				  be placed on disability probation unless at the hearing the agent has proven,
				  by a preponderance of the evidence, that the agent suffers from a physical,
				  mental or emotional condition that constitutes a disability under the Insurance
				  Code, Article 21.15-6, and this subchapter.
(A) The agent must present credible and
				  relevant evidence of the disability or disabilities from person(s),
				  organization(s), or other entity(ies) with sufficient knowledge of such
				  disability or disabilities to present reliable information concerning the
				  disability or disabilities.
(B) The
				  agent may present evidence concerning the disability or disabilities through
				  testimony and/or records of a professional individual or organization licensed
				  by the State of Texas to treat and/or diagnose such disability or
				  disabilities.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter M - PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES › Section 1.1504 - Contents of Order Granting Probation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commissioner's order placing the agent on disability probation shall state
				  the conditions of the probation.
(b) In determining the conditions of
				  probation, the commissioner shall consider, based upon the evidence at the
				  hearing, the nature and circumstances of the conduct of the agent, the history,
				  character, and condition of the agent; and the nature of the agent's
				  disability. The commissioner shall consider the recommendation of the employee
				  assigned to make a recommendation as to the desirability or non-desirability of
				  probation for the agent, if such report is introduced at the hearing by the
				  staff either in written form or through testimony. The commissioner is not
				  required to follow the recommendation of such employee.
(c) In instances where the staff and the
				  agent are in agreement with respect to material facts and the propriety of
				  probation, the consent order granting probation may be entered in accordance
				  with stipulations, agreements and agreed conditions contained in GAP-FORM 1,
				  GAP-FORM 2, and GAP-FORM 3, as applicable. These forms are adopted by reference
				  as a part of this subchapter, and copies of such forms are on file with the
				  secretary of state and available from the department. In instances where the
				  order to be entered is not a consent order, the commissioner shall impose such
				  conditions upon probation as are deemed appropriate, which may include, but are
				  not limited to:
(1) periodic reports to the
				  Texas Department of Insurance;
(2)
				  satisfactory completion of any course of study required;
(3) psychological evaluation, counseling and
				  treatment, the nature and duration of which shall be set forth in the
				  order;
(4) full or partial payment
				  of costs, including reasonable attorneys' fees and other expenses related to
				  the proceeding, by agent including all costs associated with the prehearing,
				  hearing, and probationary process;
(5) abstinence from the abuse of alcohol
				  and/or drugs;
(6) mandatory
				  attendance at meetings of Alcoholics Anonymous, Narcotics Anonymous, or similar
				  support groups;
(7) periodic field
				  monitoring, at intervals deemed necessary by the department, of the agent's
				  activities, including, but not limited to, any accounting procedures, ledgers,
				  or accounts in which funds of insurers or policyholders may be placed, any
				  records relating to the insurance business of the agent, the way in which the
				  agent conducts insurance business, and compliance with probationary conditions;
				  and
(8) random urine testing to
				  screen for drug and/or alcohol abuse, where drug and/or alcohol abuse is the
				  underlying reason for the disability.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter M - PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES › Section 1.1505 - Appeal from Commissioner's Order of Probation

Current through Reg. 49, No. 28; July 12, 2024
If the agent is dissatisfied with the commissioner's order
					 denying probation in lieu of suspension, revocation, or cancellation of the
					 agent's license, the agent may appeal the order to the district court in Travis
					 County in a manner consistent with the Insurance Code, Article 1.04, after
					 filing a motion for rehearing and following other appeal procedures required by
					 the Government Code, §
										2001.051,
					 et seq.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter M - PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES › Section 1.1506 - Revocation of Probation

Current through Reg. 49, No. 28; July 12, 2024
If the department determines that the conditions of
					 probation have not been met by the agent, the agent will be notified of the
					 reasons why the department is seeking revocation or why additional conditions
					 are to be imposed on the probation and the authority of such action. Following
					 notice and a hearing held pursuant to the Government Code, §
										2001.051,
					 et seq., and Subchapter A of this chapter (relating to Rules of Practice and
					 Procedure), the department shall revoke the probation if the department finds
					 that the conditions of probation have not been complied with by the agent or
					 the department may impose such additional conditions as are necessary to
					 protect the public or rehabilitate the agent.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter N - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 1.1601 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Insurance adopts the rules of the
					 Comptroller of Public Accounts relating to the Historically Underutilized
					 Business Program at 34 TAC Chapter 20, Subchapter B.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter O - COLLECTION OF DELINQUENT DEBTS › Section 1.1701 - Referrals of Delinquent Obligations to the Office of the Attorney General for Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner or the commissioner's designee shall decide whether to refer a
				  delinquent obligation to the attorney general for collection.
(b) The department may, in its discretion,
				  decline to refer collection matters in which the amount to be collected would
				  be less than the total sum of expense to the department and the attorney
				  general for travel, employee time, court costs, and other relevant
				  expenses.
(c) Not later than 120
				  days after the department determines that normal collection procedures for an
				  obligation owed the department have failed, the department shall report the
				  uncollected and delinquent obligation to the attorney general for further
				  collection efforts. In making a determination of whether to refer a matter to
				  the attorney general, the department shall consider:
(1) the expense of further collection
				  procedures;
(2) the size of the
				  debt;
(3) the existence of any
				  security;
(4) the possibility of
				  collection or satisfaction of the debt through other means;
(5) the likelihood of collection;
				  and
(6) any other relevant factors
				  established by the department.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter O - COLLECTION OF DELINQUENT DEBTS › Section 1.1702 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will maintain records
				  identifying all persons or entities liable for delinquent obligations and the
				  correct physical address of the debtor's place of business and/or residence, if
				  available.
(b) Such records should
				  also contain collection histories on each debtor showing, where applicable:
(1) attempted contacts with the
				  debtor,
(2) efforts to locate the
				  debtor,
(3) efforts to locate
				  assets of the debtor and the results of such efforts,
(4) state warrants that may be issued to the
				  debtor, and
(5) any other
				  information considered to be relevant by the department.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter O - COLLECTION OF DELINQUENT DEBTS › Section 1.1703 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
For good cause, the commissioner may make exceptions to the
					 procedures in §
										1.1701
					 of this subchapter (relating to Referrals of Matters to the Office of the
					 Attorney General for Collection).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1801 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the negotiation and mediation of a
					 claim of breach of contract asserted by a contractor against the Texas
					 Department of Insurance under Government Code Chapter 2260.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1802 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter does not apply to an
				  action of the department for which a contractor is entitled to a specific
				  remedy pursuant to state or federal constitution or statute.
(b) This subchapter does not apply to
				  contracts:
(1) between the department and the
				  federal government or its agencies, another state or another nation;
(2) between two or more units of state
				  government;
(3) between the
				  department and a local governmental body, or a political subdivision of another
				  state;
(4) between a subcontractor
				  and a contractor;
(5) subject to
				  §
											201.112 of the
				  Transportation Code;
(6) within the
				  exclusive jurisdiction of state or local regulatory bodies;
(7) within the exclusive jurisdiction of
				  federal courts or regulatory bodies; or
(8) that are solely and entirely funded by
				  federal grant monies other than for a project defined in §
											1.1803 of
				  this title (relating to Definitions);
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1803 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meaning, unless the context clearly
					 indicates otherwise:
(1) Claim--A
				  demand for damages by the contractor based upon the department's alleged breach
				  of a contract.
(2)
				  Commissioner--Commissioner of Insurance of the State of Texas.
(3) Contract--A written contract between the
				  department and a contractor by the terms of which the contractor agrees either:
(A) to provide goods or services, by sale or
				  lease, to or for the department; or
(B) to perform a project as defined by
				  Government Code, §
											2166.001.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1804 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this subchapter are exclusive
					 and required prerequisites to suit under the Civil Practice & Remedies
					 Code, Chapter 107, and the Government Code, Chapter 2260.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1805 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter do not waive the
					 department's sovereign immunity to suit or liability.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1806 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contractor asserting a claim of breach of contract under the Government Code,
				  Chapter 2260, shall file notice of the claim as provided by this
				  section.
(b) The notice of claim
				  shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service, to the officer
				  of the department designated in the contract to receive a notice of claim of
				  breach of contract under the Government Code, Chapter 2260; if no person is
				  designated in the contract, the notice shall be delivered to the commissioner;
				  and
(3) state in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the causal relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1807 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) To assert a
				  counterclaim under the Government Code, Chapter 2260, the department shall file
				  notice of the counterclaim as provided by this section.
(b) The notice of counterclaim shall:
(1) be in writing;
(2) be delivered by hand, certified mail
				  return receipt requested or other verifiable delivery service to the contractor
				  or representative of the contractor who signed the notice of claim of breach of
				  contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				  sought, including the amount and method used to calculate those damages or
				  offsets; and
(C) the legal theory
				  supporting the counterclaim.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1808 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										1.1809 of
					 this subchapter (relating to Timetable) to attempt to resolve all claims and
					 counterclaims. No party is obligated to settle with the other party as a result
					 of the negotiation.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1809 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
				  timely notice of claim, the commissioner or other designated representative
				  shall review the contractor's claim(s) and the department's counterclaim(s), if
				  any, and initiate negotiations with the contractor to attempt to resolve the
				  claim(s) and counterclaim(s).
(b)
				  Subject to subsection (c) of this section, the parties shall begin negotiations
				  within a reasonable period of time, not to exceed 120 days following the date
				  the department receives the contractor's notice of claim.
(c) The department may delay negotiations
				  until after the 180th day after the date of the event giving rise to the claim
				  of breach of contract by:
(1) delivering
				  written notice to the contractor that the commencement of negotiations will be
				  delayed; and
(2) delivering written
				  notice to the contractor of the date on which the department is ready to begin
				  negotiations.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1810 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation is
				  a consensual bargaining process in which the parties attempt to resolve a claim
				  and counterclaim. A negotiation under this subchapter may be conducted by any
				  method, technique, or procedure authorized under the contract or agreed upon by
				  the parties.
(b) The parties may
				  conduct negotiations with the assistance of one or more neutral third parties.
				  If the parties choose to mediate their dispute, the mediation shall be
				  conducted in accordance with §
										1.1816
				  of this subchapter (relating to Mediation of Contract Disputes). Parties may
				  choose an assisted negotiation process other than mediation.
(c) To facilitate the meaningful evaluation
				  and negotiation of the claim(s) and any counterclaim(s), the parties may
				  exchange relevant documents that support their respective claims, defenses,
				  counterclaims or positions.
(d)
				  Material submitted pursuant to this section and claimed to be confidential by
				  the contractor shall be handled pursuant to the requirements of the Texas
				  Public Information Act.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1811 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of, negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement, and
					 who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1812 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim or any designated and severable portion
				  of a claim.
(b) To be enforceable,
				  a settlement agreement must be in writing and signed by representatives of the
				  contractor and the department who have authority to bind each respective
				  party.
(c) A partial settlement
				  does not waive a party's rights under the Government Code Chapter 2260 as to
				  the parts of the claims or counterclaims that are not resolved.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1813 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own costs incurred in connection with a negotiation,
					 including, without limitation, the costs of attorney's fees, consultant's fees
					 and expert's fees.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1814 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a claim for breach of contract is not resolved in its entirety through
				  negotiation, mediation or other assisted negotiation process in accordance with
				  this subchapter on or before the 270th day after the department receives the
				  notice of claim, or after the expiration of any extension agreed to by the
				  parties pursuant to §
										1.1809 of
				  this subchapter (relating to Timetable), the contractor may file a request with
				  the department for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the commissioner of the department or other officer designated in the
				  contract to receive notice within a reasonable time after the 270th day or the
				  expiration of any written extension agreed to pursuant to §
										1.1809 of
				  this subchapter.
(c) The department
				  shall forward the contractor's request for contested case hearing to SOAH
				  within a reasonable period of time, not to exceed thirty days, after receipt of
				  the request.
(d) The parties may
				  agree to submit the case to SOAH before the 270th day after the notice of claim
				  is received by the department if they have achieved a partial resolution of the
				  claim or if an impasse has been reached in the negotiations and proceeding to a
				  contested case hearing would serve the interests of justice.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1815 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
				  and the department may agree to mediate the dispute at any time before the
				  120th day after the department receives a notice of claim of breach of
				  contract, or before the expiration of any extension agreed to by the parties in
				  writing.
(b) A contractor and the
				  department may mediate the dispute even after the case has been referred to
				  SOAH for a contested case. SOAH may also refer a contested case for mediation
				  pursuant to its own rules and guidelines, whether or not the parties have
				  previously attempted mediation.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1816 - Mediation of Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  parties may agree to mediate a claim through an impartial third party. The
				  mediation is subject to the provisions of the Governmental Dispute Resolution
				  Act, Government Code, Chapter 2009. For purposes of this subchapter,
				  "mediation" is assigned the meaning set forth in the Civil Practice and
				  Remedies Code §
										154.023.
(b) Mediation is a consensual process in
				  which an impartial third party, the mediator, facilitates communication between
				  the parties to promote reconciliation, settlement, or understanding among them.
				  A mediator may not impose his or her own judgment on the issues for that of the
				  parties. The mediator must be acceptable to both parties.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1817 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall possess the qualifications required
					 under the Civil Practice and Remedies Code §
										154.052,
					 be subject to the standards and duties prescribed by the Civil Practice and
					 Remedies Code §
										154.053
					 and have the qualified immunity prescribed by the Civil Practice and Remedies
					 Code §
										154.055,
					 if applicable.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1818 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this section
				  is confidential in accordance with Government Code §
										2009.054.
(b) The confidentiality of a final settlement
				  agreement to which the department is a signatory that is reached as a result of
				  the mediation is governed by Government Code Chapter 552.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1819 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the contractor and the department agree otherwise,
					 each party shall be responsible for its own costs incurred in connection with
					 the mediation, including costs of document reproduction for documents requested
					 by such party, attorney's fees, and consultant or expert fees. The costs of the
					 mediator shall be divided equally between the parties.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1820 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed by the parties prior to the mediation. To the extent possible, the
					 parties shall select representatives who are knowledgeable about the subject
					 matter of the dispute, who are in a position to reach agreement, and who can
					 credibly recommend approval of an agreement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1821 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during the mediation shall
					 be signed by the representatives of the contractor and the department, and
					 shall describe any procedures required to be followed by the parties in
					 connection with final approval of the agreement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1822 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  final settlement agreement reached during, or as a result of mediation, that
				  resolves an entire claim or any designated and severable portion of a claim
				  shall be in writing and signed by representatives of the contractor and the
				  department who have authority to bind each respective party.
(b) If the settlement agreement does not
				  resolve all issues raised by the claim and counterclaim, the agreement shall
				  identify the issues that are not resolved.
(c) A partial settlement does not waive a
				  contractor's rights under the Government Code, Chapter 2260, as to the parts of
				  the claim that are not resolved.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter P - NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT › Section 1.1823 - Referral to the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve all issues raised by the
					 claim, the contractor may request that the claim be referred to SOAH by the
					 department. Nothing in this subchapter prohibits the contractor and the
					 department from mediating their dispute after the case has been referred for
					 contested case hearing, subject to the rules of SOAH.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter Q - ASSIGNMENT AND USE OF AGENCY VEHICLES › Section 1.1901 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter sets out the process for the assignment and
					 use of the department's vehicles. This subchapter implements the provisions of
					 §
										2171.1045
					 of the Texas Government Code and is consistent with the State Vehicle Fleet
					 Management Plan as adopted by the Office of Vehicle Fleet Management of the
					 General Services Commission.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter Q - ASSIGNMENT AND USE OF AGENCY VEHICLES › Section 1.1902 - Use of Department Vehicles

Current through Reg. 49, No. 28; July 12, 2024
All vehicles, with the exception of vehicles assigned to
					 field employees, are assigned to the department motor pool and may be available
					 for checkout as needed for state business. Because of the department's
					 organizational structure, some pool vehicles may be maintained at remote or
					 field locations.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter Q - ASSIGNMENT AND USE OF AGENCY VEHICLES › Section 1.1903 - Assignment of Department Vehicles

Current through Reg. 49, No. 28; July 12, 2024
The department may assign a vehicle to an individual
					 administrative or executive employee on a regular or daily basis only if there
					 is a written documentation by the department that the assignment is critical to
					 the needs and mission of the department.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter Q - ASSIGNMENT AND USE OF AGENCY VEHICLES › Section 1.1904 - Waiver or Exemption

Current through Reg. 49, No. 28; July 12, 2024
The department will cooperate with the General Services
					 Commission to identify, request and, if appropriate, use any waiver or
					 exemption provision in the State Vehicle Management Plan based on conditions
					 specific to the department in the interest of promoting fiscal efficiency and
					 good business practices.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter U - ENHANCED CONTRACTS AND PERFORMANCE MONITORING › Section 1.2201 - Enhanced Contracts and Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
Under Government Code §
										2261.253,
					 the Texas Department of Insurance implements the following procedures for
					 contracts for the purchase of goods or services from private vendors until the
					 contract expires or is completed.
(1)
				  For each contract with a value greater than $25,000, the procurement director
				  will evaluate whether enhanced contract or performance monitoring is
				  appropriate. The procurement director may evaluate whether enhanced contract or
				  performance monitoring is appropriate for contracts with a value less than
				  $25,000. Criteria that may be considered include:
(A) total cost of the contract, including
				  contract renewals;
(B) risk of loss
				  to the department under the contract;
(C) department resources available for
				  enhanced contract or performance monitoring; and
(D) whether the vendor is a foreign or
				  domestic person or entity.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter BB - FORMS PRIVACY NOTICE › Section 1.2801 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to implement the state
					 government privacy policy requirements of Texas Government Code Chapter 559.
					 This subchapter only applies to forms adopted directly or by reference under
					 this title, and for which the department collects information about an
					 individual by means of a form that the individual completes and files with the
					 department in a paper format or in an electronic format including on the
					 department's Internet site.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter BB - FORMS PRIVACY NOTICE › Section 1.2802 - Right To Be Informed About Information Collected

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the department that an individual is
					 entitled to be informed about information that the department collects about
					 the individual unless the department is allowed to withhold the information
					 from the individual pursuant to Government Code §
										552.023.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter BB - FORMS PRIVACY NOTICE › Section 1.2803 - Notice About Certain Information Laws and Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  notice is hereby incorporated into all forms adopted directly or by reference
				  under this title and for which the department collects information about an
				  individual by means of a form that the individual completes and files with the
				  department in a paper format or in an electronic format, including on the
				  department's website.
Attached Graphic
(b) The notice incorporated
				  by subsection (a) of this section will be deemed incorporated into such forms
				  as of the effective date of this section.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter CC - ADVISORY COMMITTEES › Section 1.2828 - Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may create advisory committees as it deems necessary in accordance with
				  Government Code Chapter 2110 to assist, advise, and provide expertise to the
				  department, or as required by statute. Committees are not responsible for
				  rulemaking or policymaking.
(b) The
				  following provisions apply to an advisory committee established by the
				  department, unless different requirements are imposed by statute:
(1) Role and responsibility.
(A) An advisory committee will review
				  department issues and provide advice to the department.
(B) An advisory committee may make
				  recommendations to the department.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter DD - EMPLOYEE TRAINING AND EDUCATION › Section 1.3101 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) TDI may use
				  state funds to provide education and training for its employees.
(b) The education and training program
				  benefits the TDI and participating employees by:
(1) preparing for technological and legal
				  developments;
(2) increasing work
				  capabilities;
(3) increasing the
				  number of qualified employees; and
(4) increasing the competence of
				  employees.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter DD - EMPLOYEE TRAINING AND EDUCATION › Section 1.3102 - Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  education or training must be related to the employee's current position or
				  prospective job duties.
(b) In
				  order for an employee to be eligible for tuition reimbursement or education
				  leave, an employee may be required to meet certain conditions, including, but
				  not limited to, an employment period, performance ratings, and disciplinary
				  actions.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter DD - EMPLOYEE TRAINING AND EDUCATION › Section 1.3103 - Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) Participation in an education or training
				  program may include:
(1) mandatory
				  TDI-sponsored training required for all employees;
(2) education and training relating to
				  technical or professional certifications and licenses;
(3) education and training relating to the
				  promotion of employee development;
(4) employee-funded external
				  education;
(5) TDI-funded external
				  education; and
(6) other
				  TDI-sponsored education and training.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter DD - EMPLOYEE TRAINING AND EDUCATION › Section 1.3104 - Obligations

Current through Reg. 49, No. 28; July 12, 2024
On completion of an education or training program, an
					 employee's manager may require that the employee assume certain additional
					 obligations, including, but not limited to:
(1) discussing and sharing information
				  obtained at the training with other employees;
(2) assuming the additional job duties that
				  the training prepared the employee for;
(3) conducting training for other employees
				  concerning the information or skills taught at the training program;
				  and
(4) remaining employed at TDI
				  for a specific length of time or repay the reimbursement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter DD - EMPLOYEE TRAINING AND EDUCATION › Section 1.3105 - No Effect on At-Will Status

Current through Reg. 49, No. 28; July 12, 2024
Approval to participate in any portion of the education and
					 training program will not affect an employee's at-will status or constitute a
					 guarantee or indication of continued employment, nor will it constitute a
					 guarantee or indication of future employment in a current or prospective
					 position.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 3 - LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES › Subchapter A - SUBMISSION REQUIREMENTS FOR FILINGS AND DEPARTMENTAL ACTIONS RELATED TO SUCH FILINGS › Section 3.1 - Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to all contracts, policies,
					 applications, certificates of insurance, insert pages, riders, limited partial
					 refilings, matrix filings, disclosure forms, rates, outline of coverage, and
					 other documents subject to be filed with the Texas Department of Insurance
					 pertaining to the following:
(1)
				  individual and group life insurance;
(2) individual and group annuities;
(3) individual and group accident and health
				  insurance (including long-term care and Medicare supplement under Insurance
				  Code Chapters 1651 and 1652);
(4)
				  individual and group combination life and accident and health
				  insurance;
(5) individual and group
				  combination annuity and accident and health insurance;
(6) point of service products as described in
				  Insurance Code Chapter 1273 and §
										21.2901 of
				  this title (relating to Definitions);
(7) individual and group credit life and
				  individual and group credit accident and health insurance under Insurance Code
				  Chapters 1131, 1153, and 1251;
(8)
				  rates, subject to review and approval by the department including, but not
				  limited to:
(A) individual and group credit
				  life;
(B) individual and group
				  credit accident and health insurance;
(C) Medicare supplement; and
(D) changes in rating methodologies for small
				  employer plans;