Texas Workers' Compensation

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§ 114.8. Refusal To Certify an Employer

(a) When the commissioner determines an application should be denied, the applicant will be notified of the following:

(1) the specific reasons for the denial;

(2) the specific conditions, if any, the applicant must meet to become certified;

(3) that the applicant has a 30-day period from the date the applicant receives the notice to meet the conditions required or provide compelling information to the division to rebut the reasons for denial; and

(4) the form and format required to notify the division of the actions taken by the applicant to overcome the denial.

(b) The notice described in subsection (a) of this section shall be:

(1) in writing; and

(2) sent to the contact person, return receipt requested.

(c) The denial becomes final on the 31st day after the applicant receives the notice of denial if the applicant has not responded.

(d) When the applicant timely responds to the denial, the commissioner may grant or deny the application within 130 days after the applicant received the notice of denial, and such action shall be final immediately. If the commissioner fails to take action within 130 days after the applicant received the notice of denial, the denial becomes final on the 131st day.

The provisions of this §114.8 adopted to be effective January 1, 1993, 17 TexReg 7896; amended to be effective January 6, 2019, 44 TexReg 99.

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At a Glance:

Title:

§ 114.8. Refusal To Certify an Employer

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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