SECTION 3.4009. Sanctions

(a) The privileges under these sections are canceled for an insurer if either of the determinations in paragraphs (1) or (2) of this subsection are made after notice and hearing as follows:

(1) an insurer's filing made under §3.4004 of this title (relating to Exempt Forms) fails to comply with §3.4005 of this title (relating to General Information); or

(2) an insurer's filing made under §3.4004(g) of this title fails to be an exact copy of a filing previously approved.

(b) In the event of cancellation of privileges under these sections, the insurer is henceforth required to file for review and approval any and all forms intended for use in Texas, until such time as privileges under these sections are reinstated.

(c) Reinstatement of any privilege canceled under these sections will occur after a period of one year from the date the privileges finally terminate, unless otherwise determined by the commissioner. An insurer may make application for reinstatement prior to the passage of one year following termination of such privileges.

(d) Nothing in these sections limits the commissioner from imposing any other sanction authorized by the Insurance Code or other applicable law.

Source Note: The provisions of this §3.4009 adopted to be effective April 14, 1983, 8 TexReg 1067; amended to be effective March 12, 1996, 21 TexReg 1673.