28 Tex. Admin. Code § 1.1504 - Contents of Order Granting Probation
(a)
The commissioner's order placing the agent on disability probation shall state
the conditions of the probation.
(b) In determining the conditions of
probation, the commissioner shall consider, based upon the evidence at the
hearing, the nature and circumstances of the conduct of the agent, the history,
character, and condition of the agent; and the nature of the agent's
disability. The commissioner shall consider the recommendation of the employee
assigned to make a recommendation as to the desirability or non-desirability of
probation for the agent, if such report is introduced at the hearing by the
staff either in written form or through testimony. The commissioner is not
required to follow the recommendation of such employee.
(c) In instances where the staff and the
agent are in agreement with respect to material facts and the propriety of
probation, the consent order granting probation may be entered in accordance
with stipulations, agreements and agreed conditions contained in GAP-FORM 1,
GAP-FORM 2, and GAP-FORM 3, as applicable. These forms are adopted by reference
as a part of this subchapter, and copies of such forms are on file with the
secretary of state and available from the department. In instances where the
order to be entered is not a consent order, the commissioner shall impose such
conditions upon probation as are deemed appropriate, which may include, but are
not limited to:
(1) periodic reports to the
Texas Department of Insurance;
(2)
satisfactory completion of any course of study required;
(3) psychological evaluation, counseling and
treatment, the nature and duration of which shall be set forth in the
order;
(4) full or partial payment
of costs, including reasonable attorneys' fees and other expenses related to
the proceeding, by agent including all costs associated with the prehearing,
hearing, and probationary process;
(5) abstinence from the abuse of alcohol
and/or drugs;
(6) mandatory
attendance at meetings of Alcoholics Anonymous, Narcotics Anonymous, or similar
support groups;
(7) periodic field
monitoring, at intervals deemed necessary by the department, of the agent's
activities, including, but not limited to, any accounting procedures, ledgers,
or accounts in which funds of insurers or policyholders may be placed, any
records relating to the insurance business of the agent, the way in which the
agent conducts insurance business, and compliance with probationary conditions;
and
(8) random urine testing to
screen for drug and/or alcohol abuse, where drug and/or alcohol abuse is the
underlying reason for the disability.
(d) The order of probation shall indicate
that the agent has made or will make full restitution to all insureds, and any
other persons found to have been harmed by the agent's violation of the
Insurance Code or other laws regulating the business of insurance, or by the
agent's failure to comply with the agent's professional
responsibilities.
(e) If
restitution is not made prior to probation, the restitution requirement shall
be imposed as a condition of probation and must be made in full during the term
of probation.
(f) The order of
probation shall name the office of the department responsible for the
supervision of the agent placed on disability probation. The order shall recite
that on a showing of a failure to comply with the conditions of the probation,
the probation may be revoked, and any disciplinary action which has been
stayed, in whole or in part, may be imposed.
(g) The order of probation shall recite that
upon a showing of a failure to comply with the conditions of probation,
additional conditions may be imposed on the probation of the agent for
protection of the public and the rehabilitation of the agent.
Notes
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