Texas Labor Code Title 5, Chapter 415 - Administrative Violations

SUBCHAPTER A PROHIBITED ACTS

• Texas Section 415.001 - Administrative Violation By Representative Of Employee Or Legal Beneficiary
  A representative of an employee or legal beneficiary commits an administrative violation if the person: (1) fails without good cause to attend a dispute resolution...
• Texas Section 415.002 - Administrative Violation By Insurance Carrier
  (a) An insurance carrier or its representative commits an administrative violation if that person: (1) misrepresents a provision of this subtitle to an employee, an...
• Texas Section 415.003 - Administrative Violation By Health Care Provider
  A health care provider commits an administrative violation if the person: (1) submits a charge for health care that was not furnished; (2) administers improper,...
• Texas Section 415.0035 - Additional Violations By Insurance Carrier Or Health Care Provider
  (a) An insurance carrier or its representative commits an administrative violation if that person: (1) fails to submit to the division a settlement or agreement...
• Texas Section 415.0036 - Administrative Violation By Person Performing Certain Claim Services
  (a) This section applies to an insurance adjuster, case manager, or other person who has authority under this title to request the performance of a...
• Texas Section 415.005 - Overcharging By Health Care Providers Prohibited; Administrative Violation
  (a) A health care provider commits a violation if the person charges an insurance carrier an amount greater than that normally charged for similar treatment...
• Texas Section 415.006 - Employer Chargebacks Prohibited; Administrative Violation
  (a) An employer may not collect from an employee, directly or indirectly, a premium or other fee paid by the employer to obtain workers' compensation...
• Texas Section 415.007 - Loans By Attorneys Prohibited
  (a) An attorney who represents a claimant before the division may not lend money to the claimant during the pendency of the workers' compensation claim....
• Texas Section 415.008 - Fraudulently Obtaining Or Denying Benefits; Administrative Violation
  (a) A person commits an administrative violation if the person, to obtain or deny a payment of a workers' compensation benefit or the provision of...
• Texas Section 415.009 - Frivolous Actions; Administrative Violation
  A person commits an administrative violation if the person brings, prosecutes, or defends an action for benefits under this subtitle or requests initiation of an...
• Texas Section 415.010 - Breach Of Agreement; Administrative Violation
  A party to an agreement approved by the division commits an administrative violation if the person breaches a provision of the agreement. Acts 1993, 73rd...

SUBCHAPTER B SANCTIONS

• Texas Section 415.011 - Notice Of Professional Employer Organization Workers' Compensation Claim And Payment Information; Administrative Violation
  (a) In this section, "license holder" has the meaning assigned by Section 91.001. (a-1) Except as provided by Subsection (c), a license holder commits a...
• Texas Section 415.021 - Assessment Of Administrative Penalties
  (a) In addition to any other provisions in this subtitle relating to violations, a person commits an administrative violation if the person violates, fails to...
• Texas Section 415.0211 - Emergency Cease And Desist Order
  (a) The commissioner ex parte may issue an emergency cease and desist order if: (1) the commissioner believes a person regulated by the division under...
• Texas Section 415.0215 - Sanctions
  (a) The division may impose sanctions against any person regulated by the division under this subtitle. (b) Only the commissioner may impose: (1) a sanction...
• Texas Section 415.023 - Commission Of Wrongful Act As Matter Of Practice; Administrative Violation
  (a) A person who commits an administrative violation under Section 415.001, 415.002, 415.003, or 415.0035 as a matter of practice is subject to an applicable...
• Texas Section 415.024 - Breach Of Settlement Agreement; Administrative Violation
  A material and substantial breach of a settlement agreement that establishes a compliance plan is an administrative violation. In determining the amount of the penalty,...

SUBCHAPTER C PROCEDURES

• Texas Section 415.025 - References To A Class Of Violation Or Penalty
  A reference in this code or other law, or in rules of the former Texas Workers' Compensation Commission or the commissioner, to a particular class...
• Texas Section 415.031 - Initiation Of Administrative Violation Proceedings
  Any person may request the initiation of administrative violation proceedings by filing a written allegation with the division. Acts 1993, 73rd Leg., ch. 269, Sec....
• Texas Section 415.032 - Notice Of Possible Administrative Violation; Response
  (a) If investigation by the division indicates that an administrative violation has occurred, the division shall notify the person alleged to have committed the violation...
• Texas Section 415.033 - Failure To Respond
  If, without good cause, a charged party fails to respond as required under Section 415.032, the division shall initiate enforcement proceedings. Acts 1993, 73rd Leg.,...
• Texas Section 415.034 - Hearing Procedures
  On the request of the charged party or the commissioner, the State Office of Administrative Hearings shall set a hearing. The hearing shall be conducted...
• Texas Section 415.035 - Judicial Review
  (a) A decision under Section 415.034 is subject to judicial review in the manner provided for judicial review under Chapter 2001, Government Code. (b) If...
• Texas Section 415.036 - Standard Of Judicial Review Of Commissioner's Order
  An order of the commissioner is subject to judicial review under the substantial evidence rule. Added by Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B....

Last modified: September 28, 2016