(a) Representation of Injured Employees or Insurance Carriers. Pursuant to Labor Code § 402.071 and § 150.3 of this title (relating to Representatives: Written Authorization Required), a person representing an injured employee or insurance carrier in a contested case hearing shall not receive a fee for providing representation under this subtitle unless the person is an adjuster representing an insurance carrier or licensed to practice law.
(b) Fee Defined. For the purposes of this section, “fee” means any remuneration received directly or indirectly, in cash or in kind. It includes voluntary contributions. The provision of representation before SOAH as an extension of, or in addition to, other services for which a fee was paid shall be considered receipt of a fee for providing representation as specified in Labor Code § 401.011(37) and § 402.071 and § 150.3 of this title.
(c) Representation by Employee. The prohibitions in subsections (a) and (b) of this section do not preclude representation by a person who receives a salary as an employee of the person represented to perform services in the usual course and scope of the employer’s business.
(1) For the purposes of this subsection, “employee” means a person in the service of another under a contract of hire, whether express or implied, or oral or written.
(2) The term “employee” does not include:
(A) an independent contractor or the employee of an independent contractor; or
(B) a person whose employment is not in the usual course and scope of the employer’s business.
(d) Ombudsman Program. Nothing in this subsection shall be construed to limit assistance pursuant to Labor Code § 404.105.
(e) Administrative violation. A person commits an administrative violation if that person receives a fee for providing representation under circumstances prohibited by this section.
The provisions of this §148.7 adopted to be effective June 9, 2005, 30 TexReg 3237; amended to be effective July 27, 2014, 39 TexReg 5608.