State RegulationsTX specificDifficulty 3/5
Information the department discovers or develops during a TDI examination - may the commissioner later use it in an enforcement action against the carrier?
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
TIC 401.055 states that the subchapter does not limit the commissioner's authority to use a final or preliminary examination report, an examiner's or the company's work papers or other documents, or any other information discovered or developed during an examination, in connection with a legal or regulatory action the commissioner considers appropriate. Whether a report is confidential is a separate question from the department's ability to act on what it learned.
Why the other options are wrong
- A) The statute says the opposite - it declines to limit the commissioner's use of examination information.
- B) Carrier consent is not required; the authority to use the information is the commissioner's own.
- D) The authority is not conditioned on a finding of insolvency.
Memory hook
What TDI finds in an exam, TDI may use.