Texas Regulations 143.5

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§ 143.5 Decision of the Appeals Panel.

History:



(a) Not later than the 30th day after the date the response was filed with the commission, the appeals panel will issue its written decision, concluding with a separate paragraph stating words to the effect: "The true corporate name of the insurance carrier is (NAME IN BOLD PRINT) and the name and address of its registered agent for service of process is (NAME AND ADDRESS IN BOLD PRINT)", and file a copy with the director of the hearings division.

(b) If the appeals panel does not issue a written decision by the 30th day after the date the response was filed with the commission, the hearing officer's decision becomes final, constitutes the decision of the appeals panel, and, for the purpose of establishing the time for seeking judicial review, is deemed filed with the director of the hearings division on that day.

(c) Not later than the seventh day after the appeals panel files its decision with the director of the hearings division, or a decision is deemed filed, as provided in subsection (b) of this section, the division shall send to each party a copy of the decision, or a notice that the hearing officer's decision has become final and constitutes the decision of the appeals panel.

(d) A decision of the appeals panel that is not appealed for judicial review, as provided by the Texas Labor Code § 410.251, et seq., becomes final on the 41st day after the date the decision was filed, or deemed filed, with the director of the hearings division. Failure to comply with a final decision or order within 20 days of its becoming final is a Class A administrative violation, with a penalty not to exceed $10,000.

(e) A decision of the appeals panel that is appealed for judicial review is binding on the parties for the duration of the judicial review.

The provisions of this §143.5 adopted to be effective March 7, 1991, 16 TexReg 1195; amended to be effective May 9, 2004, 29 TexReg 4223.

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