1. (a) The provider must clearly and conspicuously identify itself on all written service contracts and on all written advertising materials that are used by the provider, its administrator(s), or its seller(s).

2. (b) The provider and/or any administrator appointed by the provider must provide service contract holders with a notification that meets all of the following requirements.

   1. (1) The notification must provide the name, mailing address, and telephone number of the department.
   2. (2) The notification must contain a statement that unresolved complaints concerning providers and administrators or questions concerning the regulation of service contract providers and administrators may be addressed to the department.
   3. (3) The notification must be included on all written service contacts. The notification may be stamped on the contract or printed on a separate sheet and stapled to the contract.
3. (c) The provider and/or any administrator appointed by the provider must provide service contract holders with the provider's complaint resolution procedures.

4. (d) The provider and/or any administrator appointed by the provider must disclose the following information to service contract holders:

   1. (1) the specific contract provisions and required disclosures in accordance with Texas Occupations Code §1304.156;
   2. (2) the procedures and timeframes for a service contract holder to cancel a service contract in accordance with Texas Occupations Code §1304.1581;
   3. (3) the procedures and timeframes for a provider to refund the purchase price of the service contract and pay any applicable penalty to the service contract holder in accordance with Texas Occupations Code §1304.1581; and
   4. (4) the conditions in which the provider may cancel a service contract and issue a refund in accordance with Texas Occupations Code §1304.159.
5. (e) If not provided by the seller at the time of sale, the provider and/or any administrator appointed by the provider must provide a copy of the service contract to the service contract holder within a reasonable amount of time after the date of purchase that still allows the service contract holder the opportunity to cancel the contract and receive a full refund.
6. (f) If not provided by the seller at the time of sale, the provider and/or any administrator appointed by the provider must provide a receipt for or other written evidence of the purchase of a service contract to the service contract holder within a reasonable amount of time after the date of purchase that still allows the service contract holder the opportunity to cancel the contract and receive a full refund.
7. (g) A provider shall report to the department within 30 days any change in information required by §77.20 and §77.21.
8. (h) An administrator shall report to the department within 30 days any change in information required by §77.22 and §77.23.
9. (i) Upon notification by the department, the provider and/or any administrator appointed by the provider shall allow the department to audit records required to be maintained by Texas Occupations Code Chapter 1304. These records include copies of the service contracts marketed, sold, administered or issued in this state.

Source Note:The provisions of this §77.70 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319.