28 Tex. Admin. Code § 148.7 - Representation
(a) Representation of Injured Employees or
Insurance Carriers. Pursuant to Labor Code §
402.071 and §
150.3 of this title (relating to
Representatives: Written Authorization Required), a person representing an
injured employee or insurance carrier in a contested case hearing shall not
receive a fee for providing representation under this subtitle unless the
person is an adjuster representing an insurance carrier or licensed to practice
law.
(b) Fee Defined. For the
purposes of this section, "fee" means any remuneration received directly or
indirectly, in cash or in kind. It includes voluntary contributions. The
provision of representation before SOAH as an extension of, or in addition to,
other services for which a fee was paid shall be considered receipt of a fee
for providing representation as specified in Labor Code §
401.011(37)
and §
402.071 and §
150.3 of this title.
(c) Representation by Employee. The
prohibitions in subsections (a) and (b) of this section do not preclude
representation by a person who receives a salary as an employee of the person
represented to perform services in the usual course and scope of the employer's
business.
(1) For the purposes of this
subsection, "employee" means a person in the service of another under a
contract of hire, whether express or implied, or oral or written.
(2) The term "employee" does not include:
(A) an independent contractor or the employee
of an independent contractor; or
(B) a person whose employment is not in the
usual course and scope of the employer's business.
(d) Ombudsman Program. Nothing in
this subsection shall be construed to limit assistance pursuant to Labor Code §
404.105.
(e) Administrative violation. A person
commits an administrative violation if that person receives a fee for providing
representation under circumstances prohibited by this section.
Notes
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