28 Tex. Admin. Code § 3.9305 - Limitations on Entities Subject to Department Regulation
(a) Prior to executing the donation agreement
described by §
3.9306 of this subchapter
(relating to Procedures for Acceptance of Donations), an offeree subject to
department regulation pursuant to the Insurance Code, the Labor Code, or
federal law, must notify the department, on a completed form that is acceptable
to the department, whether the offeree:
(1)
is the subject of an open investigation or enforcement action of the
department;
(2) has applied for a
certificate of authority, license, or other department issued permit;
(3) is seeking a letter of consent pursuant
to
18
U.S.C. §1033; or
(4) is the subject of an enforcement action
of another state agency.
(b) Individuals and entities subject to
subsection (a) of this section include:
(1)
licensees; certificate holders; permit holders; applicants for a license,
certificate of authority, or other department issued permit;
(2) individuals requesting letters of consent
pursuant to
18
U.S.C. §1033; and
(3) employers, employees, and providers who
engage in the business of insurance or participate in the worker's compensation
system in this state.
(c) The notification required in subsection
(a) of this section must include the docket number, style, and filing date of
the enforcement action, if applicable.
(d) An offeree subject to subsection (a) of
this section may not make a donation to the department from the date the
department initiates an open investigation or enforcement action against the
offeree; the offeree applies for a certificate of authority, license, or other
department issued permit; the offeree requests a letter of consent pursuant to
18
U.S.C. §1033; or another state agency
initiates an enforcement action against the offeree; until the 90th day after
the date the department or other state agency closes its open investigation or
reaches final disposition in its enforcement action; the department issues or
denies the certificate of authority, license, or other department issued
permit; or the department provides or refuses to provide a letter of consent
pursuant to
18
U.S.C. §1033.
(e) A notification pursuant to subsection (a)
of this section is not required for form filings, data calls, or other matters
not specified in subsection (a) of this section.
Notes
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