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Texas Statutes (Last Updated: January 4, 2014) |
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INSURANCE CODE |
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Title 2. TEXAS DEPARTMENT OF INSURANCE |
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Subtitle A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE |
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Chapter 40. DUTIES OF STATE OFFICE OF ADMINISTRATIVE HEARINGS AND COMMISSIONER IN CERTAIN PROCEEDINGS; RATE SETTING PROCEEDINGS |
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Subchapter A. GENERAL PROVISIONS |
Sec. 40.003. APPLICATION OF CHAPTER; EXCEPTIONS
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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;
(4) adopting or approving a plan of operation for an organization subject to the jurisdiction of the department;
(5) adopting a presumptive rate under Chapter 1153; or
(6) a workers' compensation claim brought under Title 5, Labor Code.