Texas Insurance Code

§ 40.003 — APPLICATION OF CHAPTER; EXCEPTIONS

IN § 40.003Title 2. TEXAS DEPARTMENT OF INSURANCE · Part A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE · Ch. 40. DUTIES OF STATE OFFICE OF ADMINISTRATIVE HEARINGS AND COMMISSIONER IN CERTAIN PROCEEDINGS; RATE SETTING PROCEEDINGS · Art. A. GENERAL PROVISIONS

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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.

(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;

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Legislative history

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.057, eff. September 1, 2005.