SECTION 114.15. Revocation or Suspension of Certificate of Authority to Self-Insure

(a) The commissioner may revoke the certificate of a certified self-insurer who fails to comply with requirements or conditions established by Chapter 407 of the Texas Labor Code or any rule within Chapter 114 of this title (regarding Self-Insurance), including:

(1) failure to maintain financial strength;

(2) failure to implement and maintain an effective safety program;

(3) failure to maintain acceptable claim services;

(4) failure to obtain and maintain the required security deposit;

(5) failure to obtain and maintain excess insurance as required by the commissioner;

(6) failure to file any required information under §114.12 of this title (relating to Required Reporting);

(7) unreasonable refusal to make information available as required under §114.11 of this title (relating to Audit Program);

(8) failure to provide notice as required in §114.13 of this title (relating to Required Notices to the Division); or

(9) failure to comply with any provision of the Texas Workers' Compensation Act or with any division rule.

(b) The commissioner may suspend or revoke the certificate of a certified self-insurer due to the certified self-insurer's failure to pay an assessment as required by Texas Labor Code §407.124(b) and §407.125.

(c) A certified self-insurer whose certificate has been revoked, suspended, withdrawn, or denied must file an annual report, in the form and manner prescribed by the commissioner.

(d) Pursuant to Texas Labor Code §§407.046, 407.047, and 407.082, the division shall continue to audit the claims of any certified self-insurer whose certificate has been revoked, suspended, withdrawn, or denied.

(e) Prior to revoking a certificate, the commissioner shall refer the matter to the State Office of Administrative Hearings, which shall hold a hearing to determine if the certificate should be revoked.

Source Note: The provisions of this §114.15 adopted to be effective January 1, 1993, 17 TexReg 7896; amended to be effective December 4, 1995, 20 TexReg 9698; amended to be effective May 9, 2004, 29 TexReg 4186; amended to be effective January 6, 2019, 44 TexReg 99