ADMINISTRATION

(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 …

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 individu…

The commissioner may waive the requirement in § 1.504 of this subchapter (relating to Fingerprint Requirement) for individuals listed under § 1.503 (1), (2), (4), and (5) of this subchapter (relating to Application of Fingerprint Requirement) if the individual, or the entity with…

(a) The department will submit all fingerprints received under this subchapter to the Texas Department of Public Safety and the Federal Bureau of Investigation to obtain criminal history information on the individual for the purpose of determining the individual's fitness for lic…

(a) Each individual described in § 1.503 of this title (relating to Application of Fingerprint Requirement) and who is required to submit fingerprints under § 1.504 of this title (relating to Fingerprint Requirement) must have a complete set of their fingerprints captured by: (1)…

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 Practi…

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. Notes 28 Tex. Admin. Code § 1.54 The provisions of this §1.54 adopted to be effective June 22, 1984, 9 TexReg 3122.

Conduct and decorum shall be maintained and enforced by the presiding officer. Every party, witness, attorney, or other representative shall participate in all proceedings with proper dignity, courtesy, and respect for the agency and all other parties. Attorneys and other represe…

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…

(a) Purpose and applicability. (1) The purpose of this section is to provide the means for insurers and health maintenance organizations (HMOs) to comply with the notice requirements of Insurance Code § 521.103 , concerning Information Included in Evidence of Coverage or Policy; …

(a) Purpose and applicability. (1) The purpose of this section is to establish the form and content of the notice required under Insurance Code § 32.104(b) , concerning Duties of Insurer. (2) This section applies to insurers that comprise the top-25 insurance groups in the nation…

(a) The Texas Department of Insurance (TDI) will provide to the public through its toll-free telephone number the information specified by the Insurance Code § 521.052 , including information collected or maintained by TDI relating to the number and disposition of complaints rece…

(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…

Unless otherwise required by law, in computing any period of time prescribed or allowed by these sections, the date of the act, event, or default after which the designated period of time begins to run is not to be included, and the last day of the period so computed is to be inc…

The intent of this subchapter is to formalize agency decision-making channels and to facilitate agency review of routine matters, pursuant to the Insurance Code, Article 1.33. The board has determined the activities designated in § 1.702 of this title (relating to Designated Acti…

The following statutorily prescribed activities are designated for summary procedure disposition: (1) Filings of forms, rates, and related filings pursuant to Insurance Code Articles 3.42, 3.50-6A, 3.70-12, 3.53, 3.74, 5.13-1; Chapters 23 and 26; and § 3.3325 (f) and (g) of this …

The Commissioner of Insurance hereby delegates to the following associate or deputy commissioners administration over the activities designated in paragraphs (1) - (7) of this section. In the event the names of certain divisions, titles, or positions within the department are cha…

(a) Actual notice for proposed negative action. In the case of proposed negative action with regard to any delegated activity designated under § 1.702 of this subchapter (relating to Designated Activities), parties directly involved shall be given actual notice at least five days…

Any person affected by any action taken by an associate or deputy commissioner under this subchapter may petition the Commissioner for a hearing to review the matter. The petition must contain an identification of the matter complained of and a petitioner's statement, including a…

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 t…

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 t…

A person appearing at any proceeding may be represented by a licensed attorney or by any duly authorized representative. Notes 28 Tex. Admin. Code § 1.8 The provisions of this §1.8 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.

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. Notes 28 Tex. Admin. Code § 1.80 The provisions of this §1.80 adopted to be effective…

In order to minimize delays which hamper small businesses and other enterprises, this subchapter establishes time periods within which the State Board of Insurance shall review and process permit applications efficiently and provides for an appeal process should the agency violat…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agency--The State Board of Insurance, consisting of the board, the commissioner, all divisions and departments, including the Fire M…

In computing any period of time prescribed or allowed by this subchapter, the date of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sun…

Notice. Written notice that an application is complete or deficient will be delivered to the applicant by such means as will reasonably provide actual notice, such as through a designated email address provided by the applicant under § 1.1302 of this title (relating to Electronic…

Written notice that an application is complete shall not be required under this subchapter if an application is approved and a permit issued during the notice period. Notes 28 Tex. Admin. Code § 1.805 The provisions of this §1.805 adopted to be effective January 20, 1989, 14 TexR…

(a) Notice to applicant. Within 40 days from receipt of an application for an agent's license, the agency shall determine an application to be complete or deficient for purposes of submission for review and shall issue written notice to the applicant regarding the status of the a…

(a) Notice to applicant. Within 120 days from receipt of an application for a company license, the agency shall determine an application to be complete or deficient and issue written notice to the applicant regarding the status of the application. For the purposes of this section…

(a) Notice to applicant. Within 60 days from receipt of an application for admission to do business in the State of Texas, the agency shall determine an application to be complete or deficient and shall immediately issue written notice to the applicant regarding the status of the…

(a) Notice to applicant. Within 180 days from receipt of an application for an HMO certificate of authority, the commissioner shall determine an application to be complete or deficient and shall immediately issue written notice to the applicant regarding the status of the applica…

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. Notes 28 Tex. Admin. Code § 1.81 The provisions of this §1.81 adopted to be effective January …

(a) Notice to applicant. Within 15 days from receipt of an application for an insurance premium finance license, the agency shall determine an application to be complete or deficient and shall immediately issue written notice to the applicant regarding the status of the applicati…

(a) Notice. Within 25 days of receipt of a form from a company for which no forms have been approved by the agency, the agency shall determine a filing to be complete or deficient for purposes of submission for review and shall issue written notice to the company regarding the st…

(a) Notice to applicant. Within 30 days from receipt of an application for a certificate of registration or license issued pursuant to the Insurance Code, Articles 5.43-1 through 5.43-4, the agency shall determine a filing to be complete or deficient and immediately issue written…

(a) Hearing. (1) Notice. An applicant who does not receive notice as to the complete or deficient status of a permit application within the period established in this subchapter for such application may petition for a hearing to review the matter. (2) Processing. An applicant who…

(a) Definitions. (1) The definitions for terms defined in Occupations Code § 55.001 , concerning Definitions, are applicable to this section, including the terms "military service member," "military veteran," and "military spouse." (2) for purposes of this section, "license" has …

(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 o…

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 …

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 …

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 a…

(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, paper…

Even though some or all of the parties fail to appear in person or through their duly authorized representatives, the board, the commissioner, or the fire marshal may consider fully and dispose of the matter pending if notice has been given in accordance with law. Such considerat…

(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…

The Commissioner of Insurance may issue an emergency cease and desist order, ex parte, upon application by the staff of the Texas Department of Insurance. Notes 28 Tex. Admin. Code § 1.901 The provisions of this §1.901 adopted to be effective April 17, 1990, 15 TexReg 1895; Amend…

An emergency cease and desist order will contain the following: (1) the name and last known address of the affected person; (2) a short and plain statement of the alleged conduct that supports issuing the order under Insurance Code § 83.051 ; (3) a requirement that the affected p…

A person who is affected by the issuance of an emergency cease and desist order and who desires a hearing regarding such order must file a written request for hearing with the chief clerk of the Texas Department of Insurance no later than the 60th day after the date on which the …

The purpose of the commission's rules is to implement the powers and duties of the commission under the Texas Water Code, the Texas Health and Safety Code, and other laws, to establish the general policies of the commission, and to set forth procedures to be followed in agency pr…

(a) All documents to be considered in a commission meeting or by judges in contested cases shall be filed with the chief clerk. Hearing requests and responses shall also be filed with the chief clerk. (b) If a docket number has been assigned, it should appear on the first page of…