Sec. 404.104. AUTHORITY TO APPEAR OR INTERVENE. The public counsel:
(1) may appear or intervene, as a party or otherwise, as a matter of right before the commissioner, commissioner of insurance, division, or department on behalf of injured employees as a class in matters involving rules, agency policies, and forms affecting the workers' compensation system that the commissioner or the commissioner of insurance adopts or approves;
(2) may intervene as a matter of right or otherwise appear in a judicial proceeding involving or arising from an action taken by an administrative agency in a proceeding in which the public counsel previously appeared under the authority granted by this chapter;
(3) may appear or intervene, as a party or otherwise, as a matter of right on behalf of injured employees as a class in any proceeding in which the public counsel determines that the interests of injured employees as a class are in need of representation, except that the public counsel may not intervene in an enforcement or parens patriae proceeding brought by the attorney general; and
(4) may appear or intervene before the commissioner, commissioner of insurance, division, or department, as a party or otherwise, on behalf of injured employees as a class in a matter involving rates, rules, agency policies, or forms affecting injured employees as a class in any proceeding in which the public counsel determines that injured employees are in need of representation.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 404 - Office of Injured Employee Counsel
Subchapter C. General Powers and Duties of Office
Section 404.101. General Duties
Section 404.1015. Refusal to Provide or Termination of Services
Section 404.102. General Powers and Duties of Public Counsel
Section 404.103. Operation of Ombudsman Program
Section 404.104. Authority to Appear or Intervene
Section 404.105. Authority to Assist Individual Injured Employees in Administrative Procedures
Section 404.106. Legislative Report
Section 404.107. Access to Information by Public Counsel
Section 404.108. Legislative Recommendations
Section 404.109. Injured Employee Rights; Notice
Section 404.110. Applicability to Public Counsel of Confidentiality Requirements