1 Tex. Admin. Code § 357.495 - Default and dismissal
(a) Default. The
judge may proceed on a default basis if a party without the burden of proof
fails to appear. The factual allegations listed in the notice of hearing may be
deemed admitted. The party with the burden of proof must show that:
(1) proper notice under §
357.489 of this title (relating to
Notice of Hearing) was provided to the defaulting party; or
(2) a statute or rule authorizes service of
the notice by sending it to the party's last known address as shown by the
agency's records, and there is credible evidence that the notice was sent by
first class mail to that address.
(b) Reopening. A party may file a motion to
set aside a default and reopen the record no later than ten days after the
hearing, if a final order has not been issued. The judge may grant the motion
for good cause shown.
(c)
Dismissal. In response to a party's motion or after a judge notifies the
parties of an intent to dismiss a case, the judge may dismiss a case, or a
portion of the case, for:
(1) lack of
jurisdiction;
(2) failure of a
party to appear within ten minutes of the scheduled hearing time;
(3) failure by a party to prosecute the case
in accordance with a requirement of statute, rule, or order of the
judge;
(4) the cause of action
being moot;
(5) failure to state a
claim for which relief can be granted;
(6) failure to request the hearing in a
timely manner according to §
357.484 of this title (Relating to
Request for Hearing); or
(7)
unnecessary duplication of proceedings.
Notes
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