1. (a) Upon completion of the review of an application, the executive director shall prepare a fund payment report, indicating which of the applicant's claims the executive director believes should be reimbursed and which claims should not be reimbursed. If the executive director finds that any claim should not be paid or not paid to the full amount claimed, he shall briefly state the reasons in his report. The executive director shall submit a copy of his report to the applicant.

2. (b) The applicant shall review the fund payment report and shall file a written response with the executive director within 45 days of receipt of the report. The response shall be on a form provided or approved by the executive director. The applicant may consent or object to all or any part of the report. If the executive director has not received a response from the applicant within 45 days from the date on which the applicant received the report, the following shall occur:

   1. (1) all claims approved for reimbursement in the fund payment report shall be eligible for payment, provided a signed subrogation contract is submitted, when required;
   2. (2) any claim addressed in the fund payment report shall be deemed satisfied in full; and
   3. (3) the applicant will have waived his right to object to any item addressed in the fund payment report.
3. (c) Any item recommended for payment in the fund payment report to which the applicant objects shall not be eligible for payment until the executive director and the applicant agree on an amount for payment or until the commission orders payment in a prescribed amount, whichever occurs first.
4. (d) Any item recommended for payment in the fund payment report to which the applicant consents by filing a timely response to the fund payment report shall be eligible for reimbursement when the executive director receives the applicant's consent form, which may include the submission of a signed subrogation contract, when required. The consent of the applicant to any item recommended for payment shall mean that any claim covered by that item is considered satisfied in full.
5. (e) The executive director may in his discretion pay claims which he has approved for payment by sending payment with the fund payment report.
6. (f) In cases where there are two or more applicants filing claims for one occurrence, the executive director may make an equitable apportionment of the owner/operator contribution described in §334.312 of this title (relating to Owner/Operator Contribution).

Source Note:The provisions of this §334.314 adopted to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective November 8, 1995, 20 TexReg 8800.