SECTION 1.811. Policy Approval

(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 status of the form. For purposes of this section, a form is a policy, contract, certificate of insurance, or other form set out in the Insurance Code, Article 3.42.

(1) Complete filing.

(A) The written notice for a complete filing shall state that the form is complete and accepted for filing for review as of the date of its receipt and shall include the information contained in subsection (b) of this section unless such information has previously been furnished to the company.

(B) For purposes of this section, a form is complete upon agency determination that it is in compliance with the content and form prescribed for submission for review by the agency.

(2) Deficient filing.

(A) The written notice for a deficient filing shall state that the form is deficient and not accepted for filing and shall set out the specific items that must be corrected to make the form complete. After one written notice of deficiency has been issued, another is not required for a filing resubmitted in whole or in part with deficiencies.

(B) In addition to notice issued under subparagraph (A) of this paragraph, the agency may notify the company, in any manner, of problems with the form.

(b) Processing of forms.

(1) Within 60 days after a form is accepted for filing for review, the agency shall review it and approve or disapprove it; provided that the insurer may request in writing that the period for reviewing a form be extended for an additional period of time, not to exceed 60 days.

(2) A form that is accepted for filing for review is deemed accepted for filing as of the date the agency receives it.

(3) The request for extension shall be considered granted upon its receipt by the agency.

Source Note: The provisions of this §1.811 adopted to be effective January 20, 1989, 14 TexReg 114.