Administrative action
The forms of action, and the hearing that stands in front of them
28 TAC § 34.625 lists what can follow noncompliance, and the list is longer than most licensees expect. Failure to comply with the subchapter and with Insurance Code Chapter 6002 may subject certificate holders or licensees, as provided in Government Code § 417.010, to administrative action INCLUDING, BUT NOT LIMITED TO: suspension, revocation, or refusal to issue or renew a license or a certificate of registration; issuance of a CEASE AND DESIST ORDER; an ADMINISTRATIVE PENALTY; and an ORDER FOR RESTITUTION TO PERSONS HARMED. Four kinds of consequence, and they are not alternatives on a ladder — the rule’s phrasing joins them, so more than one can attach to the same facts.
The amounts of an administrative penalty are not in this book. They are set by rule, outside this book’s pinned sources, and any figure quoted from memory or from a colleague is a figure that may already have been amended. What this book can give you is the SHAPE — that a penalty is one of four forms of action, that it sits alongside rather than instead of the others, and that a reader who needs a number should go to the current rules for it rather than to a book.
Two protections stand in front of all of it, and both are easier to use if you meet them before you need them. Insurance Code § 6002.302 provides that the state fire marshal may suspend, revoke, or refuse to issue or renew a registration certificate or license only AFTER NOTICE AND HEARING, on a finding that the applicant, registrant, or license holder has engaged in acts that violate the chapter, violate rules or standards adopted under it, or constitute misrepresentation made in connection with the sale of products or services rendered. Insurance Code § 6002.303 then names the forum: the holder is ENTITLED TO A HEARING CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS, with proceedings governed by Government Code Chapter 2001, and the commissioner’s rules of practice may not conflict with that office’s own rules. The hearing is not before the office that brought the case.
Revocation carries one consequence that outlasts it. Under Insurance Code § 6002.304, a holder whose registration certificate, license, or testing laboratory approval has been revoked MAY NOT FILE ANOTHER APPLICATION BEFORE THE FIRST ANNIVERSARY of the effective date of the revocation — and on reapplying must REQUEST A PUBLIC HEARING TO SHOW CAUSE why the new issuance should not be denied. A year is the floor, and the burden at the end of it runs the other way from an ordinary application.
Action against the credential
Suspension, revocation, or refusal to issue or renew a license or a certificate of registration. Under Insurance Code § 6002.302 this follows notice and hearing on a finding of violation or of misrepresentation in connection with a sale or services rendered.
An order to stop
A cease and desist order, named in 28 TAC § 34.625 among the forms of administrative action. It addresses the conduct rather than the credential.
An administrative penalty
Also named in 28 TAC § 34.625. Its amounts are set by the commissioner’s rules, outside this book’s sources — the form is here, the figure is not.
Restitution
An order for restitution to persons harmed. It is the only form on the list that runs to somebody other than the state, and it is the one a customer’s complaint can produce.
Key terms
Cease and desist orderAdministrative penaltyRestitutionState Office of Administrative HearingsShow cause