|(a) An insurer that seeks a determination of the sufficiency
or a refund of a semi-annual payment must file an amended report for
each period and submit a written claim to the MVCPA director or the
MVCPA board for a determination or a refund not later than four years
after the date the semi-annual payment was made to the state comptroller.
(b) The director or the MVCPA board designee shall
review the claim and obtain from the insurer any additional information,
if any, that may be necessary or helpful to assist in the MVCPA determination.
If an insurer refuses to provide the requested information, the refund
shall be denied in whole or in part.
(c) The director or the MVCPA board designee is authorized
to employ or retain the services of a third party, such as the state
comptroller, to assist in the determination. The director or the designee
shall prepare a written report to the MVCPA based on the director's
or the designee's review and shall contain findings, conclusions,
and a recommendation.
(d) The MVCPA shall base its determination on the documentary
evidence considered by the director or the MVCPA board designee. The
MVCPA decision shall be based on a majority vote of the MVCPA board.
The MVCPA decision is final and is not subject to judicial review.
(e) Upon determining that an insurer is entitled to
a refund, the MVCPA shall notify the comptroller and request the comptroller
to draw warrants for the purpose of refunding overpayments.
|Source Note: The provisions of this §57.51 adopted to be effective July 3, 1997, 22 TexReg 6052; amended to be effective November 14, 1999, 24 TexReg 10146; amended to be effective May 20, 2001, 26 TexReg 3495; amended to be effective December 10, 2007, 32 TexReg 9132; amended to be effective March 24, 2015, 40 TexReg 1713; amended to be effective March 20, 2016, 41 TexReg 1977; amended to be effective March 1, 2020, 45 TexReg 1443