Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 1 - GENERAL ADMINISTRATION
Subchapter A - RULES OF PRACTICE AND PROCEDURE
Division 1 - GENERAL PROCEDURAL PROVISIONS
Section 1.47 - Informal Disposition After Notice of Allegations

Universal Citation: 28 TX Admin Code § 1.47

Current through Reg. 50, No. 13; March 28, 2025

(a) Before docketing a contested case with the State Office of Administrative Hearings, the Texas Department of Insurance (TDI) may send a person a notice of allegations via certified mail to the person's last known mailing address that includes:

(1) a short, plain statement of the factual matters asserted;

(2) the legal authority and jurisdiction under which TDI or the commissioner is authorized to act;

(3) the statutes and rules involved;

(4) any relief sought, including denial, revocation, or other disciplinary action;

(5) an invitation to show compliance with the law;

(6) statements that notify the person that:
(A) the person has a right to a hearing;

(B) the person must respond to the notice in writing not later than the 20th day after the date it was mailed; and

(C) if the person does not respond, then the commissioner may issue a default order that admits all allegations asserted as true and orders the relief recommended in the notice.

(b) Not later than the 20th day after the date a notice of allegations is mailed, the person must send a written response to TDI as directed in the notice.

(c) If the person does not send a written response by the deadline described in subsection (b) of this section, the commissioner may informally dispose of the contested case by issuing a default order. A default order under this section will:

(1) find that a notice of allegations was properly sent to the person;

(2) find that the person received and waived an opportunity for hearing;

(3) deem all allegations in the notice of allegations as true;

(4) find that the person failed to show compliance with the law; and

(5) order the relief listed in the notice of allegations.

(d) A party in the contested case may file a motion with TDI to set aside a default order entered under this section and reopen the record.

(1) A party must file the motion with TDI's Chief Clerk's Office and send a copy of it to the TDI attorney named in the notice of allegations before the order becomes final under Government Code Chapter 2001, Subchapter F, concerning Contested Cases: Final Decisions and Orders; Motions for Rehearing.

(2) The commissioner will grant a motion under this subsection if the requesting party establishes that the failure to file a written response to the notice of allegations was neither intentional nor the result of conscious indifference, and that such failure was due to a mistake or accident.

(3) A motion under this subsection is not a motion for rehearing and is not a substitute for a motion for rehearing. The filing of a motion under this subsection has no effect on either the statutory deadline for the requesting party to file a motion for rehearing or for the commissioner to rule on it, as provided under Government Code Chapter 2001, Subchapter F.

(e) Sending a notice of allegations under this section begins an action under Insurance Code § 81.001, concerning Limitations Period for Certain Disciplinary Actions.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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