SECTION 5.9919. Right to Appeal

(a) Any applicant or affected insurer shall have the right to appeal any action or decision of the Association or inspector to the staff of the Association or its administrator. Each denial of insurance to an applicant shall be accompanied by a statement to the applicant and the agent that the applicant or affected insurer has the right to appeal and how an appeal can be made. Such appeal must be made in writing within thirty days after receipt of notice of the action or decision to be appealed.

(b) The staff of the Association or its administrator shall render its decision on the appeal and notify the applicant or affected insurer of its decision within forty-five days of receipt.

(c) Any applicant or affected insurer shall have the right to appeal to the Commissioner any action or decision under subsection (b) of this section. An appeal to the Commissioner shall be made within thirty days of the decision.

(d) The decision of the Commissioner of an appeal under subsection (c) of this section is a final order and is subject to judicial review as provided in Insurance Code Chapter 36.

Source Note: The provisions of this §5.9919 adopted to be effective May 28, 2003, 28 TexReg 4153