Texas Insurance Code Title 2, Chapter 40 - Duties Of State Office Of Administrative Hearings And Commissioner In Certain Proceedings; Rate Setting Proceedings

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 40.001 - Definition
  In this chapter, "office" means the State Office of Administrative Hearings. Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
• Texas Section 40.002 - Duties Of State Office Of Administrative Hearings
  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...
• Texas Section 40.003 - Application Of Chapter; Exceptions
  (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...
• Texas Section 40.004 - Memorandum Of Understanding
  (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...

SUBCHAPTER B PROCEEDINGS RELATING TO PROMULGATION OF RATES

• Texas Section 40.005 - Conflict With Other Law
  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...
• Texas Section 40.051 - Application Of Subchapter
  Subject to Section 40.003, a proceeding to promulgate rates is governed by this subchapter. Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff....
• Texas Section 40.052 - Application Of Administrative Procedure Act
  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...
• Texas Section 40.053 - Presentation Of Evidence
  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....
• Texas Section 40.054 - Witnesses And Cross-examination
  (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....
• Texas Section 40.055 - Testimony Of Expert Witness; Prefiling Required
  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...
• Texas Section 40.056 - Deadlines
  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....
• Texas Section 40.057 - Influence Of Commissioner Prohibited
  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....
• Texas Section 40.058 - Proposal For Decision
  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...
• Texas Section 40.059 - Consideration Of Proposal For Decision
  (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...
• Texas Section 40.060 - Commissioner's Order
  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: September 28, 2016