(a) The Texas Mutual Insurance Company shall provide a listing of the policyholders requiring accident prevention services (Rejected Risk employers) to the Texas Workers' Compensation Commission's Division of Worker's Health and Safety (the division). This list shall include those employers identified by the Texas Mutual Insurance Company through application of the criteria found in the Texas Insurance Code, art. 5.76-3, § 8, and art. 5.76-4.

(b) A policyholder subject to the Texas Insurance Code, art. 5.76-3, § 8(c) or § 8(d), whose corporate office is located outside the state of Texas shall, upon receipt of notification by the Texas Mutual Insurance Company of the requirement to obtain a safety consultation as a condition of insurance, provide the Texas Mutual Insurance Company the following information:

(1) the name and title of the senior official in Texas with the authority to commit funds and to establish policy, procedures, and actions required to implement the accident prevention plan and address the exposures identified in the hazard exposure survey;

(2) the official's mailing address; and

(3) the official's business telephone number.

(c) Information required by subsection (b) of this section shall be mailed to the Texas Mutual Insurance Company at the appropriate address.

The provisions of this § 165.1 adopted to be effective April 25, 1999, 24 TexReg 3092; amended to be effective March 14, 2001, 26 TexReg 2034; amended to be effective September 12, 2004, 29 TexReg 8610.