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RULE §57.51Refund Determinations

(a) An insurer that seeks a determination of the sufficiency or a refund of a semi-annual payment must file a written claim for a determination or a refund not later than six months after the date the semi-annual payment was made to the state comptroller.

(b) The director or the ABTPA designee shall review the claim and obtain from the insurer any additional information, if any, that may be necessary or helpful to assist in the ABTPA determination. If an insurer refuses to provide the requested information, the refund may be denied in whole or in part.

(c) The director or the ABTPA designee is authorized to employ or retain the services of financial advisors to assist in the determination. The director or the designee shall prepare a written report to the ABTPA based on the director's or the designee's review and shall contain findings, conclusions, and a recommendation.

(d) The ABTPA shall base its determination on the documentary evidence considered by the director or the designee. The two insurance company representatives on the ABTPA shall not participate in the determination. The ABTPA decision shall be based on a majority vote of the five remaining members. The ABTPA decision is final and is not subject to judicial review.

(e) Upon determining that an insurer is entitled to a refund, the ABTPA shall notify the comptroller and request the comptroller to draw warrants on the funds available to the ABTPA for the purpose of refunding monies overpaid.

Source Note: The provisions of this §57.51 adopted to be effective July 3, 1997, 22 TexReg 6052; amended to be effective November 14, 1999, 24 TexReg 10146; amended to be effective May 20, 2001, 26 TexReg 3495; amended to be effective December 10, 2007, 32 TexReg 9132

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