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Texas Insurance Code - Not Codified - Section 21A.007. Notice, Hearing, And Appeal On Matters Submitted By Receiver For Receivership Court Approval

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Sec. 21A.007. NOTICE, HEARING, AND APPEAL ON MATTERS
SUBMITTED BY RECEIVER FOR RECEIVERSHIP COURT APPROVAL.  (a) Upon
written request to the receiver, a person must be placed on the
service list to receive notice of matters filed by the receiver.  It
is the responsibility of the person requesting notice to inform the
receiver in writing of any changes in the person's address or to
request that the person's name be deleted from the service list.
The receiver may require that the persons on the service list
provide confirmation that they wish to remain on the service list.
Any person who fails to confirm the person's intent to remain on the
service list may be purged from the service list.  Inclusion on the
service list does not confer standing in the delinquency proceeding
to raise, appear, or be heard on any issue.
	(b)  Except as otherwise provided by this chapter, notice and
hearing of any matter submitted by the receiver to the receivership
court for approval under this chapter must be conducted in
accordance with Subsections (c)-(g).
	(c)  The receiver shall file an application explaining the
proposed action and the basis of the proposed action.  The receiver
may include any evidence in support of the application.  If the
receiver determines that any documents supporting the application
are confidential, the receiver may submit them to the receivership
court under seal for in camera inspection.
	(d)  The receiver shall provide notice of the application to
all persons on the service list and any other parties as determined
by the receiver.  Notice may be provided by first class mail postage
paid, electronic mail, or facsimile transmission, at the receiver's
discretion.  For purposes of this section, notice is deemed to be
given on the date that it is deposited with the U.S. Postmaster or
transmitted, as applicable, to the last known address as shown on
the service list.
	(e)  Any party in interest objecting to the application must
file an objection specifying the grounds for the objection not
later than the 20th day after the date of the notice of the filing of
the application or within another period as the receivership court
may set, and must serve copies on the receiver and any other persons
served with the application within the same period.  An objecting
party has the burden of showing why the receivership court should
not authorize the proposed action.
	(f)  If no objection to the application is timely filed, the
receivership court may enter an order approving the application
without a hearing, or hold a hearing to determine if the receiver's
application should be approved.  The receiver may request that the
receivership court enter an order or hold a hearing on an expedited
basis.
	(g)  If an objection is timely filed, the receivership court
may hold a hearing.  If the receivership court approves the
application and, upon a motion by the receiver, determines that the
objection was frivolous or filed merely for delay or for another
improper purpose, the receivership court shall order the objecting
party to pay the receiver's reasonable costs and fees of defending
the action.

Added by Acts 2005, 79th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007