(a) In addition to information required by the Act or Commission rules, the Commission shall require those subject to the Act to provide information at such times and in such manner and format as necessary to effectively and efficiently administer the Act or Commission rules. This request for information shall:
(1) be communicated by telephone, electronically, or in writing;
(2) inform the participant of:
(A) where the information is to be sent;
(B) when the information must be submitted; and
(C) the specific information to be submitted.
(b) If the request for information is communicated by telephone, the request must be followed up in writing before any order is issued pursuant to subsection (e) of this section.
(c) Upon receipt of the request for information from the Commission, those subject to the Act will have a reasonable period of time to provide the requested information to the Commission considering factors that include:
(1) accessibility of the information;
(2) amount of information requested;
(3) any other circumstances affecting the person’s ability to supply the requested information, such as the format in which the information is required to be provided.
(d) In the absence of an emergency, the reasonable period for responding to the request for information shall not be less than one day if the requested information is needed to administer a benefit issue on a claim. For other requested information, the reasonable period for response shall not be less than three working days.
(e) Failure to provide the information may result in a written order requested and issued by staff designated by the Executive Director to issue an order to produce the information. The written order shall be mailed through certified mail, return receipt requested, sent by personal delivery with receipt acknowledged, or for a carrier, placed in an Austin Representative Box with receipt acknowledged. A person receiving a written communication from the Commission which requests receipt acknowledgment shall accept and acknowledge receipt including the date of receipt in the manner prescribed by the Commission.
(f) Nothing in this section limits the authority of the Executive Director to enter orders pursuant to the Act.
The provisions of this § 102.9 adopted to be effective April 1, 1993, 18 TexReg 1357; amended to be effective March 15, 1995, 20 TexReg 1418; amended to be effective August 29, 1999, 24 TexReg 6488.