Texas Labor Code 415.001 – Administrative Violation by Representative of Employee or Legal Beneficiary
Terms Used In Texas Labor Code 415.001
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
A representative of an employee or legal beneficiary commits an administrative violation if the person:
(1) fails without good cause to attend a dispute resolution proceeding within the division;
(2) attends a dispute resolution proceeding within the division without complete authority or fails to exercise authority to effectuate an agreement or settlement;
(3) commits an act of barratry under Section 38.12, Penal Code;
(4) withholds from the employee’s or legal beneficiary’s weekly benefits or from advances amounts not authorized to be withheld by the division;
(5) enters into a settlement or agreement without the knowledge, consent, and signature of the employee or legal beneficiary;
(6) takes a fee or withholds expenses in excess of the amounts authorized by the division;
(7) refuses or fails to make prompt delivery to the employee or legal beneficiary of funds belonging to the employee or legal beneficiary as a result of a settlement, agreement, order, or award;
(8) violates the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas;
(9) misrepresents the provisions of this subtitle to an employee, an employer, a health care provider, or a legal beneficiary;
(10) violates a commissioner rule; or
(11) fails to comply with this subtitle.