28 Tex. Admin. Code § 13.582 - Limitation, Suspension, or Cancellation of Certificate of Approval in Response to TDI Action
(a) Commissioner's
authority. Nothing in this section limits the commissioner's authority under
Insurance Code Chapters 404, Financial Condition; 406, Special Deposits
Required Under Potentially Hazardous Conditions; 441, Supervision and
Conservatorship; or 443, the Insurer Receivership Act.
(b) Limitation, suspension, or cancellation
of certificate. The commissioner will limit, suspend, or cancel an approved
PEO's certificate of approval if the commissioner finds that the approved PEO
or its plan or trust do not meet the requirements of applicable Insurance Code
provisions or this subchapter.
(c)
Notice of limitation; commissioner's hearing. The commissioner will issue a
written notice to an approved PEO stating the basis for a limitation under
subsection (b) of this section. If within 30 days of receiving a notice of
limitation the approved PEO submits a written request for review by the
commissioner, the commissioner will schedule a hearing under Insurance Code
Chapter 40, at which the approved PEO will be given an opportunity to show
compliance with this subchapter. Hearings described in this subchapter will be
conducted as required by Government Code Chapter 2001, concerning
Administrative Procedure; Insurance Code Chapter 40, concerning Duties of State
Office of Administrative Hearings and Commissioner in Certain Proceedings; Rate
Setting Proceedings; TDI's and State Office of Administrative Hearing's rules
of procedure; and any other applicable law and regulations.
(d) Notice of suspension or cancellation. The
commissioner will issue a written notice of suspension or of intent to cancel
to an approved PEO stating the basis for the suspension or cancellation under
subsection (b) of this section.
(e)
Hearing request in contested case. An approved PEO may submit a written request
to the commissioner for a hearing at the State Office of Administrative
Hearings under Government Code Chapter 2001, Administrative Procedure, within
30 days of receiving notice that its certificate of approval:
(1) remains limited after a commissioner's
hearing under subsection (c) of this section,
(2) is suspended under subsection (d) of this
section, or
(3) will be canceled
under subsection (d) of this section.
(f) At that hearing the approved PEO will be
given an opportunity to show compliance with this subchapter.
Notes
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