Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 410.028 - Failure to Attend; Administrative Violation(a) A scheduled benefit review conference shall be conducted even though a party fails to attend unless the benefit review officer determines that good cause, as defined by commissioner rule, exists to reschedule the conference.(b) If a party to a benefit review conference under Section 410.023 requests that the benefit review conference be rescheduled under this section, the party must submit a request in the same manner as an initial request under Section 410.023. The division shall evaluate a request for a rescheduled benefit review conference received under this section in the same manner as an initial request received under Section 410.023.(c) If a party fails to request that a benefit review conference be rescheduled in the time required by commissioner rule or fails to attend a benefit review conference without good cause as defined by commissioner rule, the party forfeits the party's entitlement to attend a benefit review conference on the issue in dispute, unless a benefit review officer is authorized to schedule an additional benefit review conference under Section 410.026(b).(d) The commissioner shall adopt rules necessary to implement and enforce this section, including rules that: (1) define good cause; and(2) establish deadlines for requesting that a benefit review conference be rescheduled under Subsection (b).Amended By Acts 2011, 82nd Leg., R.S., Ch. 1162, Sec. 15, eff. 9/1/2011.Amended By Acts 2005, 79th Leg., Ch. 265, Sec. 3.160, eff. 9/1/2005. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. 9/1/1993.