SECTION 14.14. Reimbursement to the Fund

(a) If the department pays a claim against a licensee, or a person required to be licensed, from the Fund:

(1) Upon issuance of a final determination from the department or the Board, the licensee shall reimburse the total amount paid by the Fund or agree in writing to reimburse the Fund the total amount paid by the Fund. If a person is not licensed on the date the transaction forming the basis of the claim occurred but is required to be licensed, the person shall pay the fund one and one-half times the amount of the claim paid by the Fund, upon issuance of a final determination from the department or the Board. Payment to the Fund is due in full within 30 days of the date of the final agency determination. If the licensee, or a person required to be licensed, cannot pay the full amount to the Fund at that time, the department may allow the licensee, or a person required to be licensed, to pay the amount owed to the Fund on an amortization schedule set out in paragraph (3) of this subsection plus an annual interest rate of 8.0%.

(2) After fully reimbursing the Fund for payments made to the claimant, the licensee, or a person required to be licensed, shall immediately pay or agree to pay the claimant any remaining amount due that party (balance not received from the Fund). If the licensee, or a person required to be licensed, cannot pay the full amount to the claimant at that time, the department may allow the licensee, or a person required to be licensed, to pay the amount owed to the claimant on an amortization schedule as set out in paragraph (3) of this subsection plus an annual interest rate of 8.0%, after the Fund is fully reimbursed.

(3) Amortization Schedule for Reimbursement to the Produce Recovery Fund and Claimant. Claims of:

(A) $1.00-$5,000--Shall be paid in no more than three monthly installments.

(B) $5,001-$10,000--Shall be paid in no more than six monthly installments.

(C) $10,001-$20,000--Shall be paid in no more than 12 monthly installments.

(D) $20,001-Over--Shall be paid in no more than 24 monthly installments.

(b) Monthly installments to the Fund are due on the last working day of the month and payable to TDA, P.O. Box 12847, Austin, Texas 78711. The department may make exceptions on payment schedules for good cause shown.

(c) If a licensee, or a person required to be licensed, owes money to the Fund at the time the licensee, or a person required to be licensed, makes a claim against the Fund, the department shall offset the amount owed to the Fund from the amount determined to be payable from the Fund.

Source Note: The provisions of this §14.14 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective September 1, 2009, 34 TexReg 5668