Texas DWC Is Accepting Comments On Informally Proposed Rules


Dallas, TX (CompNewsNetwork) - The Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) is accepting comment on informally proposed rules to add new 28 Texas Administrative Code (TAC) §§180.4 regarding announced and unannounced on-site visits, 180.9 regarding proposals for decision, and §180.10 regarding ex parte emergency cease and desist orders, and to amend 28 TAC §§180.1, 180.3, 180.5, 180.8 and 180.27. 

The informal working draft was posted on July 8, 2011 and may be viewed on the TDI website at http://www.tdi.state.tx.us/wc/rules/drafts.html. The comment period on the informal proposal closes on Friday, July 29, 2011 at 5 p.m. Central Standard Time.
This informal working draft is not a formal rule proposal. Accordingly, comments will not be treated as formal public comment for the purposes of the Texas Administrative Procedure Act. In addition to commenting on this informal proposal, there will be the opportunity to formally comment once the rules are proposed and published in the Texas Register. The informal working draft may contain drafting notes and formatting which will be changed as necessary to comply with the Texas Register formatting.
Comments may be submitted by e-mailing InformalRuleComments@tdi.state.tx or by mailing or delivering the comments to:
Texas Department of Insurance, Division of Workers' Compensation
Maria Jimenez
Workers' Compensation Counsel MS – 4D
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645
The purpose of the informal working draft is to request input from workers' compensation system participants regarding the formulation of rules in 28 TAC Chapter 180 that would implement statutory amendments to the Texas Labor Code §§402.072, 402.073, 414.005 and new Texas Labor Code §415.0211 and §415.0215 under House Bill (HB) 2605, enacted by the 82nd Legislature, Regular Session, effective September 1, 2011. The informal working draft deletes and clarifies definitions, provides procedures for on-site visits, provides requirements for access to workers' compensation related records and information during on-site visits, provides provisions related to emergency ex parte cease and desist orders, clarifies the procedure for the informal disposition of defaults, and aligns Divisions rules with Labor Code statutes prescribing Division cases that will result in a proposal for decision from the State Office of Administrative Hearings.

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