(a) Thirty days before your agency will cease engaging in the
business of child support enforcement, you must submit to the department a
notice containing:
  (1) the name, physical street address, mailing address, telephone
number, fax number, web site, and e-mail address:
    (A) of your agency;
    (B) of all registered offices of your agency;
    (C) of all officers, directors, and owners of your agency;

    (D) where the department can reach the following persons after
your agency ceases engaging in the business of child support enforcement:

      (i) your agency's chief executive officer;
      (ii) your agency's principal owner;
      (iii) your agency's officers and directors; and
      (iv) anyone owning a controlling interest in your agency or
in the principal owner of your agency.
  (2) a notarized statement by the chief executive officer or
principal owner of your agency that all child support payments received on
behalf of its clients have been properly distributed to the clients;
  (3) a copy of a written notice that your agency is ceasing
to engage in the business of child support enforcement and evidence that your
agency distributed it to all its clients at least 45 days prior to the date
your agency proposes to cease engaging in the business of child support enforcement;

  (4) the physical street address, mailing address, telephone
number, fax number, and Internet or other electronic mail address of the location
where your agency will hold agency records for the period of time required
under Chapter 396; and
  (5) such other information as the banking commissioner may
require you to submit.
(b) The written notice your agency is required to send each
client under subsection (a) of this section must include:
  (1) the date the agency intends to cease engaging in the business
of child support enforcement;
  (2) a form for the client to change his or her address with
the registry through which child support payments are paid;
  (3) an accounting of all child support payments collected on
behalf of the client, the amounts remitted to the client, the amount of fees
retained by the agency, and the amount of outstanding child support the agency
is currently under contract to collect;
  (4) the consumer hotline telephone number, address, and web
site address of the department; and
  (5) such other information as the banking commissioner may
require you to submit.
(c) Upon good cause shown by your agency in writing, the banking
commissioner, in the exercise of discretion, may waive any requirement under
subsections (a) or (b) of this section.
(d) Within 15 days after the date your agency ceases to engage
in the business of child support enforcement, it must surrender all certificates
and submit a statement to the department, sworn to by the chief executive
officer of your agency as being truthful and correct, disclosing:
  (1) that your agency has distributed all client funds; and

  (2) a list of all outstanding complaints from your clients
or obligors or that your agency has no such outstanding complaints.
(e) This section does not affect a contract between your agency
and a client, and your agency may not rely on this section to escape any continuing
contractual obligations.


Source Note: The provisions of this §31.56 adopted to be effective January 3, 2002, 26 TexReg 10852