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hearing, the Commissioner may cancel or revoke any license or certification issued under this section if the holder or possessor of the license or certification is found to be in violation of, or to have failed to comply with, any provisions of this section or any other rule or regulation of the Department or any specific provision of the Texas Insurance Code. In lieu of cancellation or revocation, the Commissioner, upon determination from the facts that it would be fair, reasonable or equitable, may order one or more of the sanctions specified in subparagraphs (A)-(D) of this paragraph. (A) The Commissioner may order the suspension of the license or certification for a specific period, not to exceed one year. (B) The Commissioner may issue an order directing the holder or possessor of the license or certification to cease and desist from the specified activity determined to be in violation of any provisions of this section or any rule or
regulation of the Department or any specific provision of the Texas Insurance Code. (C) The Commissioner may issue an order directing the holder of possessor of the certification or license to pay an administrative penalty in accordance with Article 1.10E of the Insurance Code. (D) The Commissioner may order any other statutory sanction that may be enacted pursuant to the Insurance Code, Article 5.33B. (3) If it is found after notice and hearing that any person approved and appointed by the Commissioner to conduct inspections pursuant to this section and Article 5.33B of the Insurance Code has failed to comply with an order lawfully issued by the Commissioner pursuant to this section or Article 5.33B of the Insurance Code, the Commissioner shall, unless the Commissioner's order is lawfully stayed, cancel the license or certification. (4) The Commissioner may informally dispose of any matter under this
subsection by consent order or default. (k) Complaint Procedures. (1) The Department shall have the responsibility for handling and processing all complaints relating to property inspections conducted under the Voluntary Inspection Program that have not been resolved within 30 days after receipt by the qualified inspector. (2) All complaints as specified in paragraph (1) of this subsection shall be forwarded by the qualified inspector to the Department's Inspections and Fire Safety Section. The Inspections and Fire Safety Section shall immediately notify the complainant that the complaint has been forwarded to the Department's Inspections and Fire Safety Section. (3) All forwarded complaints and all complaints submitted directly to the Department shall be assigned to and handled by the Department's Inspections and Fire Safety Section. (4) The qualified inspector shall
provide assistance in handling complaints as requested by the Department's Inspections and Fire Safety Section. (5) Until final disposition of any complaint that is forwarded to the Department by a qualified inspector or that is submitted directly to the Department, the complainant shall be notified by the Department's Inspections and Fire Safety Section of the status of the complaint at 30-day intervals. (6) Any affected insured, any affected insurer, or any affected qualified inspector may appeal the Inspections and Fire Safety Section staff disposition of any complaint to the Commissioner within 30 days after such disposition. (l) Forms. The Department adopts by reference the Voluntary Inspection Program forms. Specimen copies of these forms are available from the Inspections and Fire Safety Section of the Property and Casualty Program, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin,
Texas 78714-9104. The forms are more specifically identified as follows: (1) Form VIP-1, Certificate of Insurability. (2) Form VIP-2, Residential Property Condition Evaluation Report. (3) Form VIP-3, Application for Residential Property Inspector License/Certification. (4) Form VIP-4, License. (5) Form VIP-5, Certificate. (6) Form VIP-6, Renewal Application.
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