Texas Insurance Code 40.003 – Application of Chapter; Exceptions
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(a) This chapter applies only to a hearing required to be held before a decision may be rendered or action taken by the commissioner or the department.
(b) If a provision of this code or another insurance law of this state requires that the commissioner take an action at a hearing subject to this chapter, the commissioner shall take the action after receipt of a proposal for decision from the office regarding the hearing conducted by the office.
Terms Used In Texas Insurance Code 40.003
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Rule: includes regulation. See Texas Government Code 311.005
(c) This chapter does not apply to a proceeding conducted under Chapter 201 or to a proceeding relating to:
(1) approving or reviewing rates or rating manuals filed by an individual company, unless the rates or manuals are contested;
(2) adopting a rule;
(3) adopting or approving a policy form or policy form endorsement;
(4) adopting or approving a plan of operation for an organization subject to the jurisdiction of the department;
(5) adopting a presumptive rate under Chapter 1153; or
(6) a workers’ compensation claim brought under Title 5, Labor Code.