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Advisory 92-02

Administrative Violation Notices Issued to Insurance Carriers

Notices to insurance carriers of new law administrative violations will be issued pursuant to the same procedure utilized for old law compliance enforcement notices. On the first business day of each week the Compliance and Practices Division will post a notice in Room 122 (adjuster's room) listing those carrier representatives who must sign for and receive notices of violation in Room 510. The weekly administrative violation reportmay contain one or more violations. An example of both the notice of administrative violation and the weekly administrative violation report is attached to this advisory for your information.

Insurance carriers must respond within 20 days of receipt as provided by Article 8308-10.32, Texas Workers' Compensation Act. A party may request a hearing by writing to the Hearings and Review Division or may consent to a penalty by making payment to Financial Management as indicated on the payment response portion of the Notice.

Please direct any questions to Jannette Mountzouris, Manager of Compliance Review at (512) 448-7976.

Signed this 10 th day of January, 1992.

Todd K. Brown
Acting Executive Director

Distribution:
Austin Carrier Representatives


EXAMPLE

WEEKLY ADMINISTRATIVE VIOLATION REPORT

ABC
P. O. Box 1
Austin, TX 78945

cc: Harris & Harris

Whenever an authorized representative of the commission contends that any party to a compensation claim has been or is in violation of either the Texas Workers' Compensation Act or the commission rules, a written Notice of Administrative Violation shall be provided to the party. If a monetary penalty is established by statute, it will be shown on the notice.

Upon receipt of the notice, the party has 20 days to either pay the penalty or request a hearing as directed on the notice in accordance with Article 10, Section 10.32.

VIOLATION NUMBER: 1000 VIOLATION CODE: 002 TWCC NUMBER: 91-000000-A101 CLAIMANT: John Jones EMPLOYER: Truck City CARRIER: ABC CARRIER CLAIM NUMBER: 000012542200 DATE OF INJURY: 06/01/91

Receipt Acknowledged

Date

Other Notices of Violations May Be Attached


EXAMPLE

NOTICE OF ADMINISTRATIVE VIOLATION

01/09/92

ABC
P. O. Box 1
Austin, TX 78945

Certified Number: 685743100

Violation #: 1000 Violation Code: 002

TWCC #: 91-000000-A101

Claimant: John Jones

Employer: Truck City

Carrier: ABC

Carrier Claim #: 000012542200

Date of Injury: 06/01/91

The person or entity address above is charged with committing an administrative violation pursuant to the provisions of Art. 8308-10.32, Texas Revised Civil Statutes. The basis of this charge is as follows:

Texas Workers' Compensation Act, Article 6.12(e): FAILURE, WITHOUT GOOD CAUSE, TO ATTEND A BENEFIT REVIEW CONFERENCE

YOU ARE HEREBY ORDERED TO PAY A PENALTY IN THE AMOUNT OF $500.00

OR

REQUEST THAT A HEARING BE CONDUCTED TO CONSIDER THE ALLEGATIONS AGAINST YOU. You have 20 days from the day you receive this notice to either pay the penalty or request a hearing. Failure to comply with this Order may subject you to an administrative violation and penalty of up to $10,000.

To request a hearing, write a letter to:

Texas Workers' Compensation Commission Division of Hearings and Review 4000 South IH-35 Austin, Texas 78704-7491

DIVISION OF COMPLIANCE AND PRACTICES

(512) 440-7946


NAME: ABC FINE: $500.00

If you elect to pay the penalty, sign here XPlease detach and return with your payment. Mail to:

Texas Workers' Compensation Commission Financial Management Section 4000 South IH-35 Austin, Texas 78704-7491



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