Sec. 415.001. ADMINISTRATIVE VIOLATION BY REPRESENTATIVE OF EMPLOYEE OR LEGAL BENEFICIARY. A representative of an employee or legal beneficiary commits an administrative violation if the person:
(1) fails without good cause to attend a dispute resolution proceeding within the division;
(2) attends a dispute resolution proceeding within the division without complete authority or fails to exercise authority to effectuate an agreement or settlement;
(3) commits an act of barratry under Section 38.12, Penal Code;
(4) withholds from the employee's or legal beneficiary's weekly benefits or from advances amounts not authorized to be withheld by the division;
(5) enters into a settlement or agreement without the knowledge, consent, and signature of the employee or legal beneficiary;
(6) takes a fee or withholds expenses in excess of the amounts authorized by the division;
(7) refuses or fails to make prompt delivery to the employee or legal beneficiary of funds belonging to the employee or legal beneficiary as a result of a settlement, agreement, order, or award;
(8) violates the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas;
(9) misrepresents the provisions of this subtitle to an employee, an employer, a health care provider, or a legal beneficiary;
(10) violates a commissioner rule; or
(11) fails to comply with this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.265, eff. September 1, 2005.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 415 - Administrative Violations
Section 415.001. Administrative Violation by Representative of Employee or Legal Beneficiary
Section 415.002. Administrative Violation by Insurance Carrier
Section 415.003. Administrative Violation by Health Care Provider
Section 415.0035. Additional Violations by Insurance Carrier or Health Care Provider
Section 415.0036. Administrative Violation by Person Performing Certain Claim Services
Section 415.005. Overcharging by Health Care Providers Prohibited; Administrative Violation
Section 415.006. Employer Chargebacks Prohibited; Administrative Violation
Section 415.007. Loans by Attorneys Prohibited
Section 415.008. Fraudulently Obtaining or Denying Benefits; Administrative Violation
Section 415.009. Frivolous Actions; Administrative Violation
Section 415.010. Breach of Agreement; Administrative Violation