34 Tex. Admin. Code § 43.207 - Notice of Hearing and Other Action
(a)
Notices of hearing, proposals for decision, and all other rulings, orders, and
actions by TRS, or an administrative law judge, as applicable, shall be served
upon all parties or their attorneys of record in person or at their last known
address by mail. Service by mail is complete upon deposit in the mail, properly
addressed, with postage prepaid if it is received by TRS within a timely manner
under Rule 5 of the Texas Rules of Civil Procedure and the sender provides
adequate proof of the mailing date. Service may also be accomplished by
electronic mail or facsimile transmission if all parties agree. In that case,
the sender shall retain the original of the document and file it upon request
with the administrative law judge or the executive director, as applicable.
Upon request, the sender has the burden of proving the date and time of receipt
of the document served by facsimile transmission or electronic mail. Electronic
mail may not be used with documents produced pursuant to a discovery request.
On motion by any party or on its own motion, TRS may serve notice of a hearing
on any person whose interest in the subject matter will be directly affected by
the final decision in the case.
(b)
All initial hearing notices shall include the following:
(1) a statement of time, place, and nature of
the hearing;
(2) a statement of the
legal authority and jurisdiction under which the hearing is to be
held;
(3) a reference to the
particular sections of the statutes and rules involved;
(4) a short, plain statement of the factual
matters asserted. If TRS or a party is unable to state the matters in detail at
the time the notice is served, the initial notice may be limited to a statement
of the issues involved. Thereafter, upon written application filed not less
than ten days before the date set for hearing, a more definite and detailed
statement must be furnished not less than seven days prior to the date set for
the hearing; and
(5) a statement
that failure to appear at the prehearing conference or any scheduled hearing
may result in the following: the facts alleged by TRS may be admitted as true;
the relief requested by TRS may be granted; petitioner's appeal may be denied;
or petitioner's appeal may be dismissed with prejudice for failure to prosecute
the claim; or any or all of the foregoing actions.
(c) After service of the initial notice, any
party wishing to raise issues or matters not set forth in the initial notice
must do so by filing a motion which sets forth such issues or matters not less
than 30 days before the date set for hearing. If the motion is granted, the
administrative law judge shall give notice, not less than 20 days before the
date of hearing, of the additional issues and matters to be decided in the
contested case.
(d) All other
notices in a contested case shall set forth only the additional issues and
matters to be decided.
Notes
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