22 Tex. Admin. Code § 519.42 - Administrative Hearings
(a) When a
contested case has been docketed with SOAH, the board will provide the
respondent and relevant parties with a Notice of Hearing and Complaint in
accordance with §
2001.052 of
the Texas Government Code and applicable SOAH rules.
(b) The respondent and/or their relevant
parties shall enter an appearance, with a copy to the board, within 20 days of
the date on which the notice of hearing and complaint was served on the
respondent and/or their relevant parties.
(c) For purposes of this section, entering an
appearance means the filing of a written answer or other responsive pleading
with SOAH.
(d) The failure by the
respondent to timely enter an appearance as provided in this section shall
entitle the petitioner to motion the administrative court to dismiss the
proceeding and permit the board to informally dispose of the case by
default.
(e) The notice of hearing
and complaint shall include the following language in capital letters in at
least 12-point boldface type: "YOU MUST ENTER AN APPEARANCE BY FILING A WRITTEN
ANSWER OR RESPONSE TO THE ALLEGATIONS CONTAINED IN THIS NOTICE WITHIN 20 DAYS
OF THE DATE THIS NOTICE WAS MAILED. YOUR FAILURE TO DO SO SHALL ENTITLE THE
BOARD TO REQUEST THE DISMISSAL OF THE CASE AND TO INFORMALLY DISPOSE OF THIS
CASE BY DEFAULT. THE ALLEGATIONS AGAINST YOU WILL BE DEEMED ADMITTED AND AN
ORDER ENFORCING THE ACTION WILL BE ENTERED BY THE BOARD."
(f) A motion to vacate a default judgment
rendered by the ALJ must be filed within 10 days of the service of notice of
the default judgment.
Notes
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