SECTION 1.1503. Procedures for Placing an Agent on Probation

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 disability.

(2) If the request for probation is not raised by the agent at a hearing already in progress, following the evaluation of the agent described in paragraph (1) of this subsection, and after such other investigation of pertinent facts as the department may choose to conduct, a notice of hearing on the question of whether probation of the agent should be granted will be sent to the agent. A hearing will be held on the request for probation unless the parties resolve all issues related to the request and a consent order is signed.

(3) Either the agent or the department may introduce into evidence at the hearing any material evidence relevant to the question of whether probation should be granted to the agent in lieu of suspension or revocation of the agent's license. The department is specifically authorized to introduce into evidence a written recommendation of the departmental employee assigned to review the desirability or non-desirability of probation for the disabled agent. The departmental employee may be called to testify about the desirability or non-desirability of probation or any aspect of the written recommendation upon the request of either party, if the written recommendation is introduced into evidence.

(4) The hearing shall be held in accordance with the provisions of the Government Code, §2001.051, et seq., and Subchapter A of this chapter (relating to Rules of Practice and Procedure).

(5) The agent may not be placed on disability probation unless at the hearing the agent has proven, by a preponderance of the evidence, that the agent suffers from a physical, mental or emotional condition that constitutes a disability under the Insurance Code, Article 21.15-6, and this subchapter.

(A) The agent must present credible and relevant evidence of the disability or disabilities from person(s), organization(s), or other entity(ies) with sufficient knowledge of such disability or disabilities to present reliable information concerning the disability or disabilities.

(B) The agent may present evidence concerning the disability or disabilities through testimony and/or records of a professional individual or organization licensed by the State of Texas to treat and/or diagnose such disability or disabilities.

(6) The agent may not be placed on disability probation unless, at the hearing, the agent has demonstrated:

(A) a disability that can be successfully arrested and treated while the agent is engaged in the agent's professional business;

(B) harm to the public resulting from the disability during the period of rehabilitation is not probable.

(7) If disability probation is ordered based upon the evidence at the hearing, the order shall set a specified period of probation for the agent. This period of probation may exceed the one-year maximum term of suspension authorized under the Insurance Code, Article 1.10, §7(a)(1).

(8) The commissioner may take disciplinary action under the Insurance Code, Article 1.10 §7, or may stay all or any part of the disciplinary action during the period of probation.

Source Note: The provisions of this §1.1503 adopted to be effective July 14, 1994, 19 TexReg 5097.