Sec. 1951.504. SETTLEMENT OF CONTESTED CASES. (a) A settlement of a contested case under Chapter 2001, Government Code, must be approved by the commissioner.
(b) The department by rule shall establish guidelines for the settlement of a contested case under Chapter 2001, Government Code.
(c) The commissioner may authorize the department to conduct informal settlement negotiations between the department and a license holder to resolve a complaint, other than a complaint involving a misapplication, by a consumer against the license holder.
(d) An informal settlement reached under Subsection (c):
(1) may not require the license holder to:
(A) refund money to the consumer in an amount greater than the amount provided under the original contract for services by the license holder; or
(B) perform any services that the license holder did not agree to perform in the original contract; and
(2) does not release the license holder from any liability for a misapplication.
(e) The department by rule shall establish guidelines for the informal settlement of consumer complaints as provided by Subsections (c) and (d).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.63, eff. September 1, 2007.
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