SECTION 1.68. Initiating Proceedings before the Board

(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 policy, promulgate rules, and promulgate or approve rates. Proceedings over which the board has original jurisdiction may be initiated as follows.

(1) Any interested person may petition the board requesting the adoption of a rule in accordance with §1.60 of this title (relating to Petition for Adoption of Rules).

(2) In any other matter, any person desiring that the board perform some official act permitted or required by law shall request such performance in writing. Such requests shall be directed to the chief clerk of the board. Subject to §1.29 of this title (relating to Pleadings), any written request shall be deemed sufficient to present the subject matter to the board for its official consideration if the request reasonably gives notice to the board of the act desired. The board may also initiate proceedings on its own motion.

(3) Any interested person desiring a changed or new standard and uniform manual rule, rating plan, classification plan, statistical plan, or policy or endorsement form for motor vehicle insurance, fire and allied lines insurance, workers' compensation insurance, and multiperil insurance may petition the board in accordance with the procedure specified in the Insurance Code, Article 5.96, and any rules adopted under the Insurance Code, Article 5.98, applicable to such matter.

(4) Any person desiring a changed or new standard and uniform rate, rating plan, manual rule, classification plan, statistical plan, or policy or endorsement form for the lines of insurance regulated under the Insurance Code, Chapter 5, Subchapter B, or the Insurance Code, Article 5.53 or Article 5.53-A, may petition the board in accordance with the procedure specified in the Insurance Code, Article 5.97, and any rules adopted under the Insurance Code, Article 5.98, applicable to such matter.

(b) Except as provided in §1.51 of this title (relating to Appeal from Commissioner's or Fire Marshal's Final Decision or Order), concerning contested cases, matters which arise through appeal from official acts performed by the commissioner or the fire marshal shall conform to the procedures specified in the Insurance Code, Article 1.04.

Source Note: The provisions of this §1.68 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651; amended to be effective September 27, 1984.