ADMINISTRATION

Protests and appeals that are not filed timely will not be considered, unless good cause for delay is shown or the commissioner determines that a protest or appeal raises issues significant to the department's procurement practices or procedures. Notes 28 Tex. Admin. Code § 1.110…

If the contract being protested has not been awarded, upon the timely filing of a protest and appeal under these procedures, the department shall not proceed further with the solicitation or award of the contract unless the chief financial officer, in consultation with the approp…

The department will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the department's retention schedule. Notes 28 Tex. Admin. Code § 1.1107 The provisions of this §1.1107 adopted to be effective November 6,…

In any hearing, the presiding officer shall administer an oath or affirmation before taking testimony from a witness. Notes 28 Tex. Admin. Code § 1.12 The provisions of this §1.12 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.

A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state. (1) Th…

The presiding officer has the right in any proceeding to limit the number of witnesses whose testimony will be repetitious and to set time limits in order to exclude irrelevant, immaterial, or unduly repetitious testimony so long as all viewpoints are given a reasonable opportuni…

(a) Notwithstanding any other provision in Part 1 of this title (relating to Texas Department of Insurance), any submissions made to the Texas Department of Insurance (department) may be made electronically, unless statute requires an alternative method of submission. (b) A submi…

(a) In this section, "regulated person" means an individual, corporation, association, partnership, or other artificial person holding an authorization, meaning a permit, license, certificate of authority, certificate of registration, or other authorization, issued or existing un…

Except as provided in § 1.31 of this title (relating to Agreements To Be in Writing), any motion made during a hearing need not be in writing unless the presiding officer so directs. Notes 28 Tex. Admin. Code § 1.14 The provisions of this §1.14 adopted to be effective January 1, …

(a) Exhibits shall be of such size as not to encumber the files and records of the agency. They shall be limited to facts material and relevant to the issues involved in a particular proceeding. The presiding officer, at the request of the person introducing an exhibit, may instr…

(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 thi…

(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 aft…

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 disabili…

(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…

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.…

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. Follo…

The effective date of official acts or orders of the board, the commissioner, or the fire marshal in nonrulemaking and noncontested matters is the first date it may legally become effective unless the instrument provides for a different effective date. Notes 28 Tex. Admin. Code §…

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. Notes 28 Tex. Admin. Code § 1.1601 The provisions of this §1.1601 adopted to be effective Septe…

(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 …

(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 debt…

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). Notes 28 Tex. Admin. Code § 1.1703 The provisions of this §1.1703 adopted to be effective…

A request for hearing does not of itself stay an official act or order unless the official act or order is stayed by controlling law. Notes 28 Tex. Admin. Code § 1.18 The provisions of this §1.18 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 Te…

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. Notes 28 Tex. Admin. Code § 1.1801 The provisions of this §1.1801 adopted to be effective …

(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 o…

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--Commissione…

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. Notes 28 Tex. Admin. Code § 1.1804 The provisions of this §1.1804 adopted to be effective Nov…

The provisions of this subchapter do not waive the department's sovereign immunity to suit or liability. Notes 28 Tex. Admin. Code § 1.1805 The provisions of this §1.1805 adopted to be effective November 27, 2000, 25 TexReg 11658

(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 representativ…

(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 ot…

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. Notes 28 Tex. Adm…

(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…

(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 pa…

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…

(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 respectiv…

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. Notes 28 Tex. Admin. Code § 1.1813 The provisions of …

(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 a…

(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 d…

(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 t…

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 R…

(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 …

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. T…

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 …

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. Notes 28 Tex. Admin. Cod…

(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 re…

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 …

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…

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. Notes 28 Tex. Admin. Code §…

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 an…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context indicates otherwise. (1) Act--Texas Civil Statutes, Article 6252-13a. (2) Agency--The board, the commissioner, and all divisions, departments, and employees thereof.…

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 rul…