| (a) The commissioner may revoke the certificate of
a certified self-insurer who fails to comply with requirements or
conditions established by Chapter 407 of the Texas Labor Code or any
rule within Chapter 114 of this title (regarding Self-Insurance),
including:
(1) failure to maintain financial strength;
(2) failure to implement and maintain an effective
safety program;
(3) failure to maintain acceptable claim services;
(4) failure to obtain and maintain the required security
deposit;
(5) failure to obtain and maintain excess insurance
as required by the commissioner;
(6) failure to file any required information under §114.12
of this title (relating to Required Reporting);
(7) unreasonable refusal to make information available
as required under §114.11 of this title (relating to Audit Program);
(8) failure to provide notice as required in §114.13
of this title (relating to Required Notices to the Division); or
(9) failure to comply with any provision of the Texas
Workers' Compensation Act or with any division rule.
(b) The commissioner may suspend or revoke the certificate
of a certified self-insurer due to the certified self-insurer's failure
to pay an assessment as required by Texas Labor Code §407.124(b)
and §407.125.
(c) A certified self-insurer whose certificate has
been revoked, suspended, withdrawn, or denied must file an annual
report, in the form and manner prescribed by the commissioner.
(d) Pursuant to Texas Labor Code §§407.046,
407.047, and 407.082, the division shall continue to audit the claims
of any certified self-insurer whose certificate has been revoked,
suspended, withdrawn, or denied.
(e) Prior to revoking a certificate, the commissioner
shall refer the matter to the State Office of Administrative Hearings,
which shall hold a hearing to determine if the certificate should
be revoked.
|
| Source Note: The provisions of this §114.15 adopted to be effective January 1, 1993, 17 TexReg 7896; amended to be effective December 4, 1995, 20 TexReg 9698; amended to be effective May 9, 2004, 29 TexReg 4186; amended to be effective January 6, 2019, 44 TexReg 99 |
