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Texas Insurance Code - Chapter 83 Emergency Cease And Desist OrdersLegal Research Home > Texas Lawyer > Insurance Code > Texas Insurance Code - Chapter 83 Emergency Cease And Desist Orders Sponsored LinksIn this chapter: (1) "Authorized person" means an individual or entity described by Section 83.002. (2) "Emergency" means a sudden, urgent occurrence that requires immediate ... (a) This chapter applies to each company regulated by the commissioner, including: (1) a domestic or foreign, stock or mutual, life, health, or accident insurance ... The commissioner may adopt reasonable rules to implement this chapter, including rules that provide, to the extent possible, uniformity of procedures between this state and ... The commissioner may proceed solely under this chapter or under this chapter in conjunction with other applicable law. Added by Acts 1999, 76th Leg., ch. ... (a) The commissioner ex parte may issue an emergency cease and desist order if: (1) the commissioner believes that: (A) an authorized person engaging in ... (a) On issuance of an order under Section 83.051, the commissioner shall serve on the affected person an order that: (1) contains a statement of ... (a) A person affected by an order is entitled to request a hearing to contest the order. (b) The affected person must request the hearing ... (a) On receiving a request for a hearing under Section 83.053, the commissioner shall serve notice of the time and place of the hearing. (b) ... Pending a hearing under this subchapter, an order continues in effect unless the order is stayed by the commissioner. Added by Acts 1999, 76th Leg., ... If the commissioner reasonably believes that a person has violated an order issued under this chapter, the commissioner may: (1) initiate proceedings under this subchapter ... In determining whether an order has been violated, the commissioner shall consider the maintenance of procedures reasonably adopted to ensure compliance with the order. Added ... (a) If the commissioner pursues action to impose an administrative penalty under Section 83.101(1), the commissioner shall serve on the person notice of the time ... (a) After a hearing, if the commissioner determines that an order has been violated, the commissioner may: (1) impose an administrative penalty of $25,000 for ... If a person fails to pay a penalty assessed under this subchapter, the commissioner may: (1) refer the matter to the attorney general for enforcement; ... A person affected by an order of the commissioner under Section 83.051 or 83.104 may appeal the order by filing suit in a district court ... A petition for appeal filed under Section 83.151 does not stay or vacate an order or a decision made under Subchapter B unless the court, ... The department may recover reasonable attorney's fees if judicial action is necessary to enforce an order issued under Section 83.051 or 83.104. Added by Acts ... Last modified: August 11, 2007 |