Texas § IN.1811.102 - DISAPPROVAL OF FORMS

§ IN.1811.102. DISAPPROVAL OF FORMS

DISAPPROVAL OF FORMS; WITHDRAWAL OF APPROVAL. (a) The commissioner shall disapprove a form filed under Section 1811.101 or withdraw approval of a form if the form: (1) contains a provision or has a title or heading that is misleading, is deceptive, or violates public policy; (2) violates any state law, including a rule adopted under this code; (3) requires an agent to provide certification of insurance coverage that is not available in the line or type of insurance coverage referenced on the form; or (4) directly or indirectly requires the commissioner to make a coverage determination under a policy of insurance or insurance transaction. (b) The commissioner may not disapprove a form filed under Section 1811.101 or withdraw approval of a form based solely on the fact that the form contains language described by Section 1811.101 (b). (c) An order issued by the commissioner disapproving a form, or a notice of the commissioner's intention to withdraw approval of a form, must state the grounds for the disapproval or withdrawal of approval in sufficient detail to reasonably inform the person filing the form of those grounds and the changes to the form necessary to obtain approval. (d) An order disapproving a form or withdrawing approval of a form takes effect on the date prescribed by the commissioner in the order. An order withdrawing approval of a form may not become effective until the 30th day after the date of the order. Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425 ), Sec. 1, eff. September 1, 2011.