| (a) Pursuant to Insurance Code §4005.109, TDI
establishes the following procedure for automatic fines:
(1) All automatic fines must be paid as directed in
the notice of fine within 30 calendar days after the date of issuance
of the automatic fine under this section unless the fined party disputes
the assessment of the automatic fine and files a written request for
contested case hearing under Chapter 2001 of the Government Code within
the 30-day period.
(2) If the assessment of the fine is disputed, TDI
may, in its discretion, assert other matters and claims against the
fined party at such hearing and also seek any disciplinary action
available under Insurance Code Chapter 82; Insurance Code §§4005.101
- 4005.108, 4101.201, and 4102.201 - 4102.204; and this subchapter,
including additional fine amounts in excess of the automatic fine
amount.
(b) TDI adopts the following automatic fines for a
licensee who fails:
(1) to obtain the required number of continuing education
hours and prior to June 1, 2018, attempts to renew a license, applies
for an expired license, or applies for a new license - $50 per credit
hour not completed; or
(2) to obtain the required number of continuing education
hours and on or after June 1, 2018, attempts to renew a license, applies
for an expired license, or applies for a new license - $50 per credit
hour not completed, not to exceed $500 per license, per reporting
period.
(c) TDI adopts the following automatic fines for providers:
(1) failing to issue a properly completed certificate
of completion within 30 days following completion of course - $100
per certificate;
(2) providing a course to students prior to course
certification - $200 per student, per instance;
(3) providing a course to students after course certification
has expired - $200 per student, per instance;
(4) providing an assigned course to students prior
to approval of the assignment - $200 per student, per instance; and
(5) providing an assigned course to students after
the assignment has expired - $200 per student, per instance.
|
| Source Note: The provisions of this §19.1016 adopted to be effective January 6, 2003, 28 TexReg 75; amended to be effective February 21, 2010, 35 TexReg 1271; amended to be effective May 31, 2018, 43 TexReg 3367 |
