Texas Department of Insurance License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas Insurance License Defense cases. Texas Insurance Agents face a significant number of rules and regulations promulgated by the Texas Department of Insurance. Any alleged violation of these rules and regulations can result in an obstacle to an Insurance Agent’s ability to work in Texas. The firm practices TDI License Defense. From TDI application Denial Hearings to Notice of Violations, the firm’s goal is to provide effective and efficient legal representation to the firm’s TDI License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Department of Insurance professional licenses and business licenses:
- Escrow Officer
- Fire Alarm Company
- Fire Extinguisher Company
- Fire Sprinkler Company
- Fireworks Company
- Insurance Adjuster
- Insurance Agent
- Insurance Certificate of Authority
- Insurance Company Licensing
Texas Department of Insurance License Defense Lawyers
Many individuals possess Insurance Agent Licenses issued by TDI. Most TDI licensed Insurance Agents have minimal or no contact with the disciplinary systems of the Texas Department of Insurance. For Texas licensed Insurance Agents who become part of the TDI disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas TDI Investigation Defense Lawyers
The majority of Texas Department of Insurance License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. TDI utilizes non sworn civilian investigators to conduct non criminal investigations against licensed professionals and businesses. TDI employs sworn peace officer investigators to conduct criminal investigations. TDI works with other Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Insurance Agents. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas Department of Insurance License disciplinary process. At the conclusion of a TDI investigation, TDI has several options. The Texas Department of Insurance can choose to close the Complaint. TDI can choose to issue an Administrative Penalty. The Texas Department of Insurance can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Violation. TDI legal counsel will determine whether cause exists to file a formal Notice of Violation. TDI may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Department of Insurance may refer the case to the District Attorney’s Office for criminal prosecution.
Texas TDI Notice of Violation Defense Attorneys
A formal Notice of Violation or Complaint served on a Texas Insurance License holder serves as notice to a licensee that TDI intends to suspend or revoke the Texas Insurance License. The licensee, now called the Respondent, has only a specific number of days from the date that the Notice of Violation was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Insurance License. A Default will result in the immediate Revocation of the Texas Insurance License.
A Notice of Violation is a serious matter that can result in the suspension or revocation of an Insurance License in Texas. In many cases, it is possible for licensees to reach a settlement with the TDI. A Consent Order is a formal term for a settlement agreement. If A Consent Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas Department of Insurance Hearing Attorneys
The Texas Office of Administrative Hearings, also known as SOAH, hears TDI disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The TDI Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Department of Insurance and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. TDI can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Department of Insurance’s action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.
Texas Department of Insurance License and Criminal Convictions
TDI can discipline Insurance licensees for criminal convictions. Administrative Law discipline for Texas Insurance Agents primarily occurs for felony criminal convictions and criminal convictions related to the Insurance License. The Texas Department of Insurance and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause TDI License discipline are:
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Texas TDI License Denial Defense Attorneys
The Texas Department of Insurance thoroughly investigates all applicants for professional licenses and business licenses. TDI may deny licensees from other states and countries. Most Texas Insurance License denials occur due to criminal convictions, financial problems or misstatements on the Insurance License application. Denial Hearings and Notice of Violation Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in an Insurance License Denial Hearing, the applicant bears the burden of proof.
Texas Department of Insurance Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a TDI License Revocation to reinstate their Texas Insurance License. The Petition for Reinstatement may result in an investigation by TDI. Subsequent to an investigation, the TDI may issue the license, issue the license with a corresponding Consent Order (settlement), or deny the license. TDI may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.