Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 1 - GENERAL ADMINISTRATION
Subchapter M - PROBATION OF AGENTS BASED ON CERTAIN DISABILITIES
Section 1.1502 - Request for Probation in Lieu of Suspension, Revocation, or Cancellation of License
Universal Citation: 28 TX Admin Code § 1.1502
Current through Reg. 50, No. 13; March 28, 2025
(a) An agent may raise the issue of disability and request probation pursuant to the Insurance Code, Article 21.15-6, and this subchapter, prior to a hearing to suspend, revoke or cancel the agent's license.
(1) An
agent may request probation prior to a contested case hearing after receipt of
a notice of intention to institute disciplinary action from the staff of the
department against the agent suggesting suspension, revocation or cancellation
of an agent's license. The request for probation must be submitted prior to the
hearing on such disability, and the agent must furnish the items specified in
subparagraphs (A) and (B) of this paragraph:
(A) written stipulations in a format
acceptable to the staff of the department; and
(B) evidence of the agent's
disability.
(2) If the
staff and the agent are in agreement as to the proposed stipulations relating
to the violation, the evidence of the agent's disability, and the proposed
conditions of probation, the staff of the department may recommend a consent
order be signed by the commissioner that meets the requirements of §
1.1504 of this title (relating to
Contents of Order Granting Probation) and which has been drafted in accordance
with stipulations and agreed conditions based, as applicable, on the contents
of the forms "GAP-FORM 1-General Agent Probation Conditions, T.D.I. Legal
Services & Compliance," "GAP-FORM 2-Authorization for release of
Information and Medical Records," and "GAP-FORM 3-Support Group Attendance,"
which are adopted by reference as a part of this subchapter, and copies of
which are on file with the secretary of state and available from the
department.
(3) If the staff and
the agent cannot reach agreement as to the underlying facts related to the
alleged violation, the evidence of the agent's disability, and/or the proposed
conditions of probation, a hearing shall be held on any or all of these
contested matters in accordance with the Government Code, §
2001.051, et seq.,
and Subchapter A of this chapter (relating to Rules of Practice and Procedure).
All matters necessary to a resolution of the allegations relating to the
proposed suspension, revocation or cancellation of the license, the evidence of
the disability and the conditions of any proposed probation, may be decided in
the same hearing before the same hearing officer.
(b) An agent may raise the issue of probation for disability during the hearing relating to a suspension, revocation or cancellation of the agent's license.
(1) The
agent must give written notice to the staff attorney representing the
department in the contested case of the agent's intention to raise the issue of
probation. The written notice must be received by the staff attorney at least
five days prior to the scheduled hearing date. Upon receipt of such
notification, the staff attorney may request a continuance of the hearing to
acquire and present evidence and legal authority on the issue of the propriety
of probation for any disability of the agent and/or to obtain an independent
evaluation of the agent. The continuance shall be granted by the hearing
officer for a reasonable period of time depending upon the
circumstances.
(2) If the agent
does not give the written notice required in paragraph (1) of this subsection
and seeks to raise the issue of probation as a result of a disability at the
hearing, the hearing officer shall not consider evidence of the disability of
the agent unless the agent, by a preponderance of evidence, is able to
establish good cause for failure to provide the written notification. If the
agent is able to establish good cause, the hearing officer may hear evidence of
the disability of the agent after having granted any continuance requested by
the staff to acquire and present evidence and legal authority on the issue of
the propriety of probation for any disability of the agent. The continuance
must be for a reasonable period and be sufficient to allow for an independent
evaluation of the agent at the staff's request.
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