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Texas Statutes (Last Updated: January 4, 2014) |
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INSURANCE CODE |
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Title 5. PROTECTION OF CONSUMER INTERESTS |
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Subtitle C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES |
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Chapter 562. UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES REGARDING DISCOUNT HEALTH CARE PROGRAMS |
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Subchapter D. DETERMINATION OF UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES; ENFORCEMENT; SANCTIONS AND PENALTIES |
Sec. 562.157. DETERMINATION OF VIOLATION
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After a hearing under this subchapter to determine whether a person has engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by this chapter, the department shall determine whether:
(1) the method of competition or the act or practice considered in the hearing is defined as:
(A) an unfair method of competition or deceptive act or practice under Subchapter B; or
(B) a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code; and
(2) the person against whom the charges were made engaged in the method of competition or act or practice in violation of:
(A) this chapter; or
(B) Subchapter E, Chapter 17, Business & Commerce Code, as specified in Section 17.46, Business & Commerce Code.