Texas Insurance Code Title 2, Chapter 84 - Administrative Penalties

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 84.001 - Definition
  In this chapter, "person" means an individual, corporation, trust, partnership, association, or any other legal entity. Added by Acts 1999, 76th Leg., ch. 101, Sec....
• Texas Section 84.002 - Application Of Chapter To Administrative Penalty
  (a) This chapter applies to each monetary penalty the department or commissioner imposes under this code or another insurance law of this state. (b) For...
• Texas Section 84.003 - Application Of Administrative Procedure Act
  A proceeding under this chapter is subject to Chapter 2001, Government Code. Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

SUBCHAPTER B IMPOSITION OF ADMINISTRATIVE PENALTY

• Texas Section 84.004 - Rulemaking Authority
  (a) The commissioner may adopt and enforce reasonable rules that the commissioner determines necessary to accomplish the purposes of this chapter. (b) The commissioner may...
• Texas Section 84.021 - Imposition Of Penalty
  The commissioner may impose an administrative penalty on a person licensed or regulated under this code or another insurance law of this state who violates:...

SUBCHAPTER C PROCEDURAL REQUIREMENTS

• Texas Section 84.022 - Penalty Amount
  (a) The penalty for a violation may not exceed $25,000, unless a greater or lesser penalty is specified by this code or another insurance law...
• Texas Section 84.041 - Report And Notice Of Violation And Penalty
  (a) If the department determines that a violation has occurred, the department may issue to the commissioner a report that states the facts on which...
• Texas Section 84.042 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice, the person, in writing, may: (1) accept the department's determination...
• Texas Section 84.043 - Hearing And Decision
  (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the department shall set a hearing and...
• Texas Section 84.044 - Decision By Commissioner
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commissioner by order may: (1) find that a violation occurred...
• Texas Section 84.045 - Options Following Decision: Pay Or Appeal
  Not later than the 30th day after the date the commissioner's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file...
• Texas Section 84.046 - Stay Of Enforcement Of Penalty
  (a) A person who files a petition for judicial review without paying the administrative penalty may, within the 30-day period prescribed by Section 84.045: (1)...
• Texas Section 84.047 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the commissioner may refer the matter to...
• Texas Section 84.048 - Standard Of Judicial Review
  The order of the commissioner is subject to judicial review under the substantial evidence rule. Added by Acts 1999, 76th Leg., ch. 101, Sec. 1,...
• Texas Section 84.049 - Decision By Court
  (a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
• Texas Section 84.050 - Remittance Of Penalty And Interest
  (a) If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the...
• Texas Section 84.051 - Release Of Bond
  (a) If the person gave a supersedeas bond and if the administrative penalty is not upheld by the court, the court shall order, when the...

Last modified: September 28, 2016