Sec. 91.020. GROUNDS FOR DISCIPLINARY ACTION. The department may take disciplinary action against a license holder on any of the following grounds:
(1) engaging in professional employer services or offering to engage in the provision of professional employer services without a license;
(2) transferring or attempting to transfer a license issued under this chapter;
(3) violating this chapter or any order or rule issued by the executive director or commission under this chapter;
(4) failing after the 31st day after the date on which a felony conviction of a controlling person is final to notify the department in writing of the conviction;
(5) failing to cooperate with an investigation, examination, or audit of the license holder's records conducted by the license holder's insurance company or the insurance company's designee, as allowed by the insurance contract or as authorized by law by the Texas Department of Insurance;
(6) failing after the 31st day after the effective date of a change in ownership, principal business address, or the address of accounts and records to notify the department and the Texas Department of Insurance of the change;
(7) failing to correct any tax filings or payment deficiencies within a reasonable time as determined by the executive director;
(8) refusing, after reasonable notice, to meet reasonable health and safety requirements within the license holder's control and made known to the license holder by a federal or state agency;
(9) being delinquent in the payment of the license holder's insurance premiums other than those subject to a legitimate dispute;
(10) being delinquent in the payment of any employee benefit plan premiums or contributions other than those subject to a legitimate dispute;
(11) knowingly making a material misrepresentation to an insurance company or to the department or other governmental agency;
(12) failing to maintain the working capital required under Section 91.014; or
(13) using professional employer services to avert or avoid an existing collective bargaining agreement.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 13, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 816, Sec. 14.008, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 188 (H.B. 2249), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 12, eff. September 1, 2013.
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