ADMINISTRATION

(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 stat…

(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 amen…

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. Notes 28 Tex…

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 perso…

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 …

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 Departmen…

(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 …

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 th…

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 …

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, t…

Neither the board, the commissioner, nor the fire marshal may take official action in a contested case unless it is formally pending for adjudication, and unless it is a real case, controversy, or issue. Provided, however, an official ruling or opinion may be made in advance on a…

(a) Notice in a contested case is governed by the Act (see §13) except where alternative procedures are permitted by law. (b) In addition to any requirement of notice provided in this rule, notice of revocation, suspension, annulment, or withdrawal of a license shall comport with…

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…

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 . Notes 28 T…

(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 …

(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 fo…

(a) In a contested case all pleadings for which no other form is prescribed shall contain: (1) the name of the party seeking to bring about or prevent action by the agency; (2) the names of all other known parties; (3) a concise statement of the facts relied upon by the pleader; …

(a) A provision of a section referring to the board, the commissioner, or the fire marshal, or a provision referring to the presiding officer, is construed to apply to the board or the chairman if the matter is within the jurisdiction of the board, to the commissioner if the matt…

Ex parte consultations are governed by the Act (see §17). Notes 28 Tex. Admin. Code § 1.30 The provisions of this §1.30 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.

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 . Notes 28 Tex. Admin. Code § 1.302 The provisions of this §1.302 adopted…

In a contested case, no stipulation or agreement between parties, their attorneys, or representatives may be enforced unless it is reduced to writing and signed by the parties or their authorized representatives, or unless it is dictated into the record during the course of a hea…

(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 nu…

(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…

(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 o…

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 addi…

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 prospec…

Except as otherwise provided by law, if an applicant's original application or request for renewal of a license or certificate of authority is denied, the person will have 30 days from the date of denial to make a written request for a hearing. Notes 28 Tex. Admin. Code § 1.32 Th…

(a) Depositions in a contested case are governed by the Act (see §14). (b) Additional discovery may be made in a contested case in accordance with the Act (see §14a). Notes 28 Tex. Admin. Code § 1.33 The provisions of this §1.33 adopted to be effective January 1, 1976; amended to…

(a) Any party may take the testimony of any person, including a party, by deposition upon written questions. (b) A party proposing to take a deposition upon written questions shall serve them upon every other party or his or her attorney of record with 10 days' notice in writing.…

(a) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of any proceeding under the …

(a) Contested cases. The subpoenaing of witnesses and materials in contested cases shall be in accordance with the Act, §14. A witness may make originals available for copying by the party causing the subpoena to be issued instead of relinquishing them, provided that the original…

(a) In a contested case, the presiding officer on his or her own motion or on the motion of a party, may direct the parties to appear before him or her at a specified time and place for a conference prior to the hearing for the purpose of formulating issues and considering: (1) t…

In contested matters, briefs may be filed at any time prior to hearing. With leave of the presiding officer, and on such conditions as he or she may impose, parties may file briefs subsequent to the hearing (this is in addition to the provisions of the Act, §15). Notes 28 Tex. Ad…

Briefs, written exceptions, and pleadings in a contested case shall be stated concisely with argument and properly cited authorities organized and directed to each point. The specific purpose for which evidence is relied upon shall be stated and citations to the page number of th…

All official acts of the board, the commissioner, or the fire marshal shall be evidenced by a recorded or written record. The minutes of the board constitute a written record. Official action of the board, the commissioner, or the fire marshal shall not be bound or prejudiced by …

On a showing of good cause to the presiding officer, a motion for postponement of a hearing in a contested case may be granted. Notes 28 Tex. Admin. Code § 1.40 The provisions of this §1.40 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3…

Unless the order of presentation in a contested case is otherwise directed by the presiding officer, the agency or party who initiated the proceeding shall briefly state the nature of the matters to be heard and proceed with the introduction of evidence. Other parties shall proce…

(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, …

At the request of any party to a contested matter, or at the direction of the presiding officer, the witnesses may be sworn and removed out of the hearing room to some place where they cannot hear the testimony as delivered by any other witness in the cause. This is termed placin…

The introduction and admissibility of evidence in a contested case is covered by the Act (see §14 and §14a), and by these sections. Notes 28 Tex. Admin. Code § 1.43 The provisions of this §1.43 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexR…

The presiding officer may permit prepared testimony of a witness on direct examination, in either narrative or question and answer form, to be incorporated into the record in a contested case. The offering party must provide copies of such testimony to the agency and to all other…

A formal exception to a ruling of the presiding officer during the hearing of a contested matter is permissible but is not required. Any ruling adverse to an objecting party automatically preserves the exception as if the exception had been made and noted. Notes 28 Tex. Admin. Co…

In a contested matter, when testimony is excluded by a ruling of the presiding officer, the party offering the evidence shall be permitted to make an offer of proof by dictating it into the record or submitting the substance of the proposed testimony in writing, prior to the conc…

(a) Before docketing a contested case with the State Office of Administrative Hearings, the Texas Department of Insurance (TDI) may send a person a notice of allegations via certified mail to the person's last known mailing address that includes: (1) a short, plain statement of t…

A hearing shall be held prior to the board, the commissioner, or the fire marshal entering any final order or decision if required by law. In other cases, the board, the commissioner, or the fire marshal may, at their discretion, hold a hearing prior to entering a final order. No…

(a) The record in a contested case includes the matters listed in the Act, §13(f). (b) Proceedings, or any part of them, shall be transcribed on written request of any party. The party requesting the proceeding to be transcribed shall bear the expense thereof in accordance with t…

(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, per…

(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 …

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…

(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 …