1. (a) An insurer claiming an overpayment of the annual fees due the authority under Texas Civil Statutes, Article 4413(37), §10, must file a written claim for refund not later than six months after the date the fees were paid to the ATPA.
2. (b) The director or the ATPA designee shall review the claim and obtain from the insurer any additional information, if any, that may be necessary or helpful to assist in the ATPA determination. If an insurer refuses to provide the requested information, the refund may be denied in whole or in part.
3. (c) The director or the ATPA designee is authorized to employ or retain the services of financial advisors to assist in the determination. The director or the designee shall prepare a written report to the ATPA based on the director's or the designee's review and containing findings, conclusions, and a recommendation.
4. (d) The ATPA shall base its determination on the documentary evidence considered by the director or the designee. The two insurance company representatives on the ATPA shall not participate in the determination. The ATPA decision shall be based on a majority vote of the five remaining members. The ATPA decision is final and is not subject to judicial review.
5. (e) Upon determining that an insurer is entitled to a refund, the ATPA shall notify the comptroller and request the comptroller to draw warrants on the funds available to the ATPA for the purpose of refunding monies overpaid.

Source Note:The provisions of this §57.51 adopted to be effective July 3, 1997, 22 TexReg 6052; amended to be effective November 14, 1999, 24 TexReg 10146.