(a) The commission shall require those subject to the Act to provide information at such times and in such manner as necessary to administer the Act or commission rules. This requirement to provide information shall:
- (1) be communicated by telephone, electronically, or in writing;
(2) inform the participant of:
- (A) where the information is to be sent;
- (B) when the information must be submitted; and
- (C) the specific information to be submitted.
- (b) If the request for information is communicated by telephone, the request must be followed up in writing before any order could be requested or issued pursuant to subsection (e) of this section.
(c) Upon receipt of the requirement from the commission, those subject to the Act will have a reasonable period of time to provide the information required to the commission considering:
- (1) accessibility of the information;
- (2) amount of information requested;
- (3) any other circumstances affecting the person's ability to supply the required information.
- (d) The reasonable period for responding to the request for information shall not be less than 24 hours if the requested information is needed to administer a benefit issue on a claim. For other requested information, the reasonable period for response shall not be less than 72 hours.
- (e) Failure to provide the information may result in a written order requested and issued by staff designated by the executive director to request or issue an order to produce the information. Violation of such an order carries a maximum penalty, as provided by the Act, §10.21(c), of up to $10,000 and sanctions. The written order shall be mailed through certified mail, return receipt requested, or by personal delivery with receipt acknowledged.
- (f) Nothing in this section limits the authority of the executive director to enter orders pursuant to the Act, §2.11(c)(7).
Source Note:The provisions of this §102.9 adopted to be effective April 1, 1993, 18 TexReg 1357; amended to be effective March 15, 1995, 20 TexReg 1418.