Current through Reg. 50, No. 13; March 28, 2025
(a) The department
or its designee may at any time investigate or audit a licensee's continuing
education records and/or compliance with this subchapter. The commissioner may,
after notice and opportunity for hearing, discipline a licensee under the
Insurance Code, Chapter 82, Chapter 4005, Subchapter C, §§4005.101 -
4005.108, and Chapter 4101, Subchapter E, §4101.201, and this subchapter,
if the commissioner determines that the license holder:
(1) is in violation of, or has failed to
comply with, the Insurance Code or this subchapter;
(2) has provided, submitted, or filed any
document which in whole or in part is false or deceptive for the purpose of
providing evidence of complying with the continuing education statutes and this
subchapter, or in responding to any inquiry from the department concerning
compliance;
(3) has falsified
records or participated in any activity which allows circumvention of the
requirements of the Insurance Code or this subchapter;
(4) has received or used unauthorized
materials or assistance or provided to another student unauthorized materials
or assistance before or during an examination or interactive inquiry period;
or
(5) has failed to pay within 90
days an automatic fine assessed pursuant to the Insurance Code §
4005.109 and §
19.1016 of this title (relating to
Automatic Fines) without properly requesting a hearing.
(b) The department or its designee may at any
time investigate or audit a provider's continuing education records and/or
compliance with this subchapter. The commissioner may, after notice and an
opportunity for hearing, discipline a provider and/or the provider's authorized
representative, officers, directors, managers or partners, under the Insurance
Code Chapter 82 and Chapter 4005, Subchapter C, §§4005.101 -
4005.108, and this subchapter, if the commissioner determines that the provider
and/or its authorized representative, officer, director, manager, or partner:
(1) is in violation of, or has failed to
comply with the Insurance Code or this subchapter;
(2) has represented to the public that the
provider is authorized to offer certified courses prior to the approval of the
provider's registration;
(3) has
advertised any course in a manner not in compliance with this
subchapter;
(4) has used
unqualified instructors or speakers to present certified courses;
(5) has provided, submitted, or filed with
the department any document which in whole or in part is false or deceptive
relating to the provider's registration application, course assignment, course
approval, instructor/speaker criteria, course content, or course credit, which
allows circumvention of the requirements of the Insurance Code or this
subchapter;
(6) has provided,
submitted, or filed falsified records relating to a student's completion of
continuing education, attendance, or final examination;
(7) has issued a certificate of completion
for a course which does not comply with the registration requirements of this
subchapter;
(8) has issued a
certificate of completion or certificate of attendance when the student has not
met the minimum completion requirements;
(9) has failed to pay within 90 days an
automatic fine assessed pursuant to the Insurance Code §
4005.109 and §
19.1016 of this title without
properly requesting a hearing;
(10)
has failed to notify the department of changes to any course which are required
to be reported;
(11) has failed to
conduct the certified course, as specified in the course application;
(12) has failed to monitor course attendance
where monitoring is required;
(13)
has failed to insure an appropriately monitored examination where monitoring is
required;
(14) has provided or
allowed the use of unauthorized materials or assistance during an
examination;
(15) has failed to
provide timely refunds to students when required;
(16) has failed to timely file any form or
other required information; or
(17)
has failed to maintain course records for the required time period.
(c) If the commissioner proposes
action against a licensee or provider, the affected licensee or provider is
entitled to a hearing in accordance with Insurance Code, Chapter 40.
