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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 28. INSURANCE |
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PART 1. TEXAS DEPARTMENT OF INSURANCE |
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CHAPTER 1. GENERAL ADMINISTRATION |
| SUBCHAPTER A. RULES OF PRACTICE AND PROCEDURE |
| DIVISION 1. GENERAL PROCEDURAL PROVISIONS |
| § 1.1. Objective and Scope |
| § 1.2. Definitions |
| § 1.3. Construction |
| § 1.4. Records of Official Action |
| § 1.5. Hearings |
| § 1.6. Conduct and Decorum |
| § 1.7. Computation of Time |
| § 1.8. Appearances and Right to Attorney |
| § 1.9. Failure To Appear at Hearing |
| § 1.10. Recordings of Hearings |
| § 1.11. Order of Presentation |
| § 1.12. Testimony under Oath |
| § 1.13. Limitations on Number of Witnesses |
| § 1.14. Motions during Hearings |
| § 1.15. Exhibits |
| § 1.16. Effective Date of Official Acts or Orders in Nonrulemaking and Noncontested Case Matters |
| § 1.18. Stay of Official Acts or Orders |
| § 1.27. Official Action To Be Taken |
| § 1.28. Notice and Service |
| § 1.29. Pleadings |
| § 1.30. Ex Parte Consultations |
| § 1.31. Agreements To Be in Writing |
| § 1.32. Licenses |
| § 1.33. Depositions; Entry on Property; Use of Reports and Statements |
| § 1.34. Written Depositions |
| § 1.35. Mileage and Witness Fees |
| § 1.36. Subpoenaing Witnesses and Materials |
| § 1.37. Prehearing Conference |
| § 1.38. Briefs |
| § 1.39. Form and Content of Briefs, Exceptions, and Replies |
| § 1.40. Motions for Postponement |
| § 1.41. Presentation of Evidence in a Contested Case |
| § 1.42. Witness Placed under Rule |
| § 1.43. Evidence |
| § 1.44. Prepared Testimony |
| § 1.45. Exceptions |
| § 1.46. Excluded Testimony |
| § 1.47. Informal Disposition of a Contested Case |
| § 1.48. Final Decisions |
| § 1.49. Motion for Rehearing |
| § 1.50. Record |
| § 1.51. Appeals to the Board of Acts, Rulings, or Decisions of Certain Persons, Associations, Organizations, or Other Entities |
| § 1.52. Modification of Time Periods |
| § 1.53. Summary Procedures |
| § 1.54. The Insurance Code, Chapter 5, Subchapter L |
| § 1.60. Petition for Adoption of Rules |
| § 1.68. Initiating Proceedings before the Board |
| § 1.78. Initiating Proceedings before the Commissioner or the Fire Marshal |
| § 1.79. Commissioner's or Fire Marshal's Hearing Docket |
| § 1.80. Setting of Commissioner's or Fire Marshal's Hearings |
| § 1.81. Place of Commissioner's or Fire Marshal's Hearings |
| § 1.82. Forms and Scope of Discovery in Contested Cases |
| § 1.83. Service and Filing of Discovery Requests and Responses |
| § 1.84. Deadlines for Responses to Discovery Requests |
| § 1.85. Requests for Admission |
| § 1.86. Discovery Orders |
| § 1.88. Written Response to Notice of Hearing |
| § 1.89. Default: What Constitutes Default; Remedies |
| DIVISION 2. RULE MAKING PROCEDURES |
| § 1.201. Staff Proposals or Petitions for Rule Making |
| § 1.202. Public Proposals or Petitions for Rule Making |
| § 1.203. Publication and Comments on Proposals for Rule Making |
| § 1.204. Final Action for Rule Proposals Where a Hearing Is Neither Requested nor Required |
| § 1.205. Final Action for Rule Proposals Where a Hearing or Meeting Is Requested or Required |
| § 1.206. Post Rule Adoption Procedures by the Office of the Chief Clerk |
| § 1.207. List and Copies of Pending Petitions for Rule Proposals |
| § 1.208. Applicability |
| § 1.209. Telephone, Fax, Email Address, Website Address, and Department Addresses in Rules, Forms |
| § 1.210. Notice to Customers |
| SUBCHAPTER B. FEES, CHARGES, AND COSTS |
| § 1.301. Charges for Copies of Public Records |
| § 1.302. Charges for Affixing the Official Seal and Certifying to the Seal |
| SUBCHAPTER C. ASSESSMENT OF MAINTENANCE TAXES AND FEES |
| § 1.414. Assessment of Maintenance Taxes and Fees |
| SUBCHAPTER D. EFFECT OF CRIMINAL CONDUCT |
| § 1.501. Purpose and Application |
| § 1.502. Licensing Persons with Criminal Backgrounds |
| § 1.503. Application of Fingerprint Requirement |
| § 1.504. Fingerprint Requirement |
| § 1.505. Nonresident Agents and Adjusters |
| § 1.506. Insurance Companies and Related Entities |
| § 1.507. Other Licensees and Registrants |
| § 1.508. Use and Confidentiality of Fingerprints |
| § 1.509. Fingerprint Format and Complete Application |
| SUBCHAPTER E. NOTICE OF TOLL-FREE TELEPHONE NUMBERS AND PROCEDURES FOR OBTAINING INFORMATION AND FILING COMPLAINTS |
| § 1.601. Notice of Toll-Free Telephone Numbers and Information and Complaint Procedures |
| § 1.602. Notice of Website |
| § 1.603. Complaint Information Available through the Texas Department of Insurance's Toll-Free Telephone Number |
| SUBCHAPTER F. SUMMARY PROCEDURES FOR ROUTINE MATTERS |
| § 1.701. Purpose and Scope |
| § 1.702. Designated Activities |
| § 1.703. Delegation |
| § 1.704. Summary Procedure; Notice |
| § 1.705. Review |
| SUBCHAPTER G. NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS |
| § 1.801. Purpose and Scope |
| § 1.802. Definitions |
| § 1.803. Computation of Time |
| § 1.804. Manner of Notice |
| § 1.805. Written Notice Not Required |
| § 1.806. Agent's License |
| § 1.807. Company License |
| § 1.808. Application for Foreign Admission |
| § 1.809. HMO Certificate of Authority |
| § 1.810. Insurance Premium Finance License |
| § 1.811. Policy Approval |
| § 1.812. State Fire Marshal Permits |
| § 1.813. Appeal |
| § 1.814. Military Service Member, Military Veteran, and Military Spouse |
| SUBCHAPTER H. EMERGENCY CEASE AND DESIST ORDERS |
| § 1.901. Issuance of Emergency Cease and Desist Orders |
| § 1.903. Contents of the Emergency Cease and Desist Order |
| § 1.905. Request for Hearing on Emergency Cease and Desist Orders |
| SUBCHAPTER I. DISCLOSURE OF GUARANTY FUND NONPARTICIPATION |
| § 1.1001. Disclosure of Guaranty Fund Nonparticipation |
| SUBCHAPTER J. PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS |
| § 1.1101. Purpose |
| § 1.1102. Filing of Protest |
| § 1.1103. Review of Protest and Determination |
| § 1.1104. Appeal |
| § 1.1105. Failure to File Timely |
| § 1.1106. Status of Procurement During Protest and Appeal |
| § 1.1107. Retention of Documents |
| SUBCHAPTER K. SICK LEAVE POOL |
| § 1.1201. Sick Leave Pool |
| SUBCHAPTER L. ELECTRONIC SUBMISSIONS AND COMMUNICATIONS |
| § 1.1301. Electronic Submissions |
| § 1.1302. Electronic Communications from the Texas Department of Insurance |
| SUBCHAPTER M. PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES |
| § 1.1501. General Provisions and Definitions |
| § 1.1502. Request for Probation in Lieu of Suspension, Revocation, or Cancellation of License |
| § 1.1503. Procedures for Placing an Agent on Probation |
| § 1.1504. Contents of Order Granting Probation |
| § 1.1505. Appeal from Commissioner's Order of Probation |
| § 1.1506. Revocation of Probation |
| SUBCHAPTER N. HISTORICALLY UNDERUTILIZED BUSINESSES |
| § 1.1601. Historically Underutilized Businesses |
| SUBCHAPTER O. COLLECTION OF DELINQUENT DEBTS |
| § 1.1701. Referrals of Delinquent Obligations to the Office of the Attorney General for Collection |
| § 1.1702. Records |
| § 1.1703. Exceptions |
| SUBCHAPTER P. NEGOTIATION AND MEDIATION OF A CLAIM OF BREACH OF CONTRACT |
| § 1.1801. Purpose |
| § 1.1802. Applicability |
| § 1.1803. Definitions |
| § 1.1804. Prerequisites to Suit |
| § 1.1805. Sovereign Immunity |
| § 1.1806. Notice of Claim of Breach of Contract |
| § 1.1807. Agency Counterclaim |
| § 1.1808. Duty to Negotiate |
| § 1.1809. Timetable |
| § 1.1810. Conduct of Negotiation |
| § 1.1811. Settlement Approval Procedures |
| § 1.1812. Settlement Agreement |
| § 1.1813. Costs of Negotiation |
| § 1.1814. Request for Contested Case Hearing |
| § 1.1815. Mediation Timetable |
| § 1.1816. Mediation of Contract Disputes |
| § 1.1817. Qualifications and Immunity of the Mediator |
| § 1.1818. Confidentiality of Mediation and Final Settlement Agreement |
| § 1.1819. Costs of Mediation |
| § 1.1820. Settlement Approval Procedures |
| § 1.1821. Initial Settlement Agreement |
| § 1.1822. Final Settlement Agreement |
| § 1.1823. Referral to the State Office of Administrative Hearings |
| SUBCHAPTER Q. ASSIGNMENT AND USE OF AGENCY VEHICLES |
| § 1.1901. Purpose |
| § 1.1902. Use of Department Vehicles |
| § 1.1903. Assignment of Department Vehicles |
| § 1.1904. Waiver or Exemption |
| SUBCHAPTER U. ENHANCED CONTRACTS AND PERFORMANCE MONITORING |
| § 1.2201. Enhanced Contracts and Performance Monitoring |
| SUBCHAPTER BB. FORMS PRIVACY NOTICE |
| § 1.2801. Purpose and Applicability |
| § 1.2802. Right To Be Informed About Information Collected |
| § 1.2803. Notice About Certain Information Laws and Practices |
| SUBCHAPTER CC. ADVISORY COMMITTEES |
| § 1.2828. Advisory Committees |
| SUBCHAPTER DD. EMPLOYEE TRAINING AND EDUCATION |
| § 1.3101. General Provisions |
| § 1.3102. Eligibility requirements |
| § 1.3103. Participation |
| § 1.3104. Obligations |
| § 1.3105. No Effect on At-Will Status |