Section 1.47 - Informal Disposition After Notice of Allegations(a) Before docketing a contested case with the State Office of Administrative Hearings, the Texas Department of Insurance (TDI) may send a person a notice of allegations via certified mail to the person's last known mailing address that includes: (1) a short, plain statement of the factual matters asserted;(2) the legal authority and jurisdiction under which TDI or the commissioner is authorized to act;(3) the statutes and rules involved;(4) any relief sought, including denial, revocation, or other disciplinary action;(5) an invitation to show compliance with the law;(6) statements that notify the person that: (A) the person has a right to a hearing;(B) the person must respond to the notice in writing not later than the 20th day after the date it was mailed; and(C) if the person does not respond, then the commissioner may issue a default order that admits all allegations asserted as true and orders the relief recommended in the notice.(b) Not later than the 20th day after the date a notice of allegations is mailed, the person must send a written response to TDI as directed in the notice.(c) If the person does not send a written response by the deadline described in subsection (b) of this section, the commissioner may informally dispose of the contested case by issuing a default order. A default order under this section will: (1) find that a notice of allegations was properly sent to the person;(2) find that the person received and waived an opportunity for hearing;(3) deem all allegations in the notice of allegations as true;(4) find that the person failed to show compliance with the law; and(5) order the relief listed in the notice of allegations. (d) A party in the contested case may file a motion with TDI to set aside a default order entered under this section and reopen the record. (1) A party must file the motion with TDI's Chief Clerk's Office and send a copy of it to the TDI attorney named in the notice of allegations before the order becomes final under Government Code Chapter 2001, Subchapter F, concerning Contested Cases: Final Decisions and Orders; Motions for Rehearing.(2) The commissioner will grant a motion under this subsection if the requesting party establishes that the failure to file a written response to the notice of allegations was neither intentional nor the result of conscious indifference, and that such failure was due to a mistake or accident.(3) A motion under this subsection is not a motion for rehearing and is not a substitute for a motion for rehearing. The filing of a motion under this subsection has no effect on either the statutory deadline for the requesting party to file a motion for rehearing or for the commissioner to rule on it, as provided under Government Code Chapter 2001, Subchapter F.(e) Sending a notice of allegations under this section begins an action under Insurance Code §81.001, concerning Limitations Period for Certain Disciplinary Actions.28 Tex. Admin. Code § 1.47
The provisions of this §1.47 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651; Adopted by Texas Register, Volume 49, Number 41, October 11, 2024, TexReg 8386, eff. 10/15/2024