Insurance Code § 2254.004

Sec. 2254.004. RATE HEARING BY STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) Not later than the 20th day after the date of an order under Section 2254.003, the insurer may request that the State Office of Administrative Hearings conduct a rate hearing to determine whether the rate that is subject to the order is excessive or unfairly discriminatory. (b) The office of public insurance counsel may participate in and present evidence at the hearing. (c) After completion of the hearing, the administrative law judge shall: (1) prepare a proposal for decision under Section 40.058; and (2) remand the matter to the commissioner recommending that the commissioner affirm the order or that: (A) the commissioner complete an additional review of the order not later than the 10th day after the date the commissioner receives the proposal; (B) the parties enter into negotiations; or (C) the commissioner take within a period specified by the administrative law judge other appropriate action with respect to the order. (d) The commissioner's action or failure to act on a proposal or recommendation under Subsection (c) is subject to judicial review under Subchapter D, Chapter 36. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.