Sec. 2251.105. GRIEVANCE. (a) An insured who is aggrieved with respect to any filing under this chapter that is in effect, or the public insurance counsel, may apply to the commissioner in writing for a hearing on the filing. The application must specify the grounds for the applicant's grievance.
(b) The commissioner shall hold a hearing on an application filed under Subsection (a) not later than the 30th day after the date the commissioner receives the application if the commissioner determines that:
(1) the application is made in good faith;
(2) the applicant would be aggrieved as alleged if the grounds specified in the application were established; and
(3) the grounds specified in the application otherwise justify holding the hearing.
(c) The commissioner shall provide written notice of a hearing under Subsection (b) to the applicant and each insurer that made the filing not later than the 10th day before the date of the hearing.
(d) If, after the hearing, the commissioner determines that the filing does not meet the requirements of this chapter, the commissioner shall issue an order:
(1) specifying in what respects the filing fails to meet those requirements; and
(2) stating the date on which the filing is no longer in effect, which must be within a reasonable period after the order date.
(e) The commissioner shall send copies of the order issued under Subsection (d) to the applicant and each affected insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
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