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Texas Insurance Code - Chapter 40 Duties Of State Office Of Administrative Hearings And Commissioner In Certain Proceedings; Rate Setting ProceedingsLegal Research Home > Texas Lawyer > Insurance Code > Texas Insurance Code - Chapter 40 Duties Of State Office Of Administrative Hearings And Commissioner In Certain Proceedings; Rate Setting Proceedings In this chapter, "office" means the State Office of Administrative Hearings. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999. ... The office shall conduct an administrative hearing required to be held or that may be held under this code or another insurance law of this ... (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 ... (a) The commissioner and the chief administrative law judge of the office by rule shall adopt a memorandum of understanding governing hearings conducted by the ... This chapter prevails over another provision of this code or another insurance law of this state unless the provision or other law states that this ... Subject to Section 40.003, a proceeding to promulgate rates is governed by this subchapter. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. ... A proceeding to promulgate rates is a contested case under Chapter 2001, Government Code, and to the extent not inconsistent with this subchapter, that chapter ... The administrative law judge shall provide each interested party an opportunity to respond to and present evidence and argument concerning all issues in the proceeding. ... (a) The testimony of a witness, other than an expert witness, may be presented either orally by the witness at the hearing or by affidavit. ... The direct testimony of each expert witness to be called must be prefiled in accordance with a schedule established by the administrative law judge. Added ... The administrative law judge shall establish reasonable deadlines for the filing of affidavits, the designation of witnesses, and other matters as are necessary or appropriate. ... The commissioner may not attempt to influence the administrative law judge's findings of fact, conclusions of law, or application of the law to the facts. ... The administrative law judge shall: (1) prepare a proposal for decision that includes proposed findings of fact and conclusions of law; and (2) serve the ... (a) The commissioner shall provide to each party an opportunity to file exceptions to the proposal for decision and briefs related to the issues addressed ... The commissioner shall serve on each party a copy of the commissioner's order, including the commissioner's findings of fact and conclusions of law. Added by ... Last modified: August 10, 2007 |