SECTION 1.88. Written Response to Notice of Hearing

(a) Requirement. When a contested case has been instituted, the respondent shall, within 20 days of the date on which the notice of hearing is provided to the respondent, file a written answer or other responsive pleading. Such response shall be filed in accordance with §1.90(e) of this title (relating to the Joint Memorandum of Understanding (MOU) between Texas Department of Insurance (TDI) and State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases before SOAH and Responsibilities of Each Agency), and in accordance with 1 TAC §155.22 (Filings).

(b) Contested case. For purposes of this section, a contested case shall mean any action that is referred by the Texas Department of Insurance to the State Office of Administrative Hearings other than a rate promulgation or rate approval proceeding.

(c) Notice; when provided; required disclosure. For purposes of this section, notice of hearing is provided to a respondent on the date of deposit in the United States mails of a registered or certified letter, return receipt requested, containing a notice of hearing, in accordance with provisions of §1.28 of this title (relating to Notice and Service). The notice of hearing for a contested case which is provided to a respondent in a contested case as defined in this section shall include the required disclosure language set forth as follows in capital letters and 12-point boldface type: IF YOU DO NOT FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE STATE OFFICE OF ADMINISTRATIVE HEARINGS WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED, THE SCHEDULED HEARING MAY BE CANCELED AND THE COMMISSIONER OF INSURANCE MAY GRANT THE RELIEF SET OUT IN THIS NOTICE OF HEARING, INCLUDING REVOCATION OF YOUR LICENSE(S) BY DEFAULT. IF YOU FILE A WRITTEN RESPONSE BUT THEN FAIL TO ATTEND THE HEARING, THE COMMISSIONER OF INSURANCE MAY GRANT THE RELIEF SET OUT IN THIS NOTICE OF HEARING, INCLUDING REVOCATION OF YOUR LICENSE(S) BY DEFAULT.

(d) Remedies for failure to file a written response. The failure of a respondent to timely file a written response as provided in this section shall entitle TDI to the remedies outlined in §1.89 of this title (relating to Default: What Constitutes Default; Remedies).

Source Note: The provisions of this §1.88 adopted to be effective May 23, 1996, 21 TexReg 4226; amended to be effective September 23, 1997, 22 TexReg 9475.