16 Tex. Admin. Code § 401.207 - Written Answer; Default Proceedings
(a) The Commission may dispose of a contested
case by default if a State Office of Administrative Hearings (SOAH)
administrative law judge (ALJ) remands the case to the Commission for informal
disposition upon proof that adequate and sufficient notice of hearing was
mailed to, or personally served on, the respondent or applicant, and the
respondent or applicant failed to either:
(1)
file a written answer to a notice of hearing in accordance with subsection (d)
of this section; or
(2) appear in
person or through an authorized representative on the day and at the time set
for the hearing of the case, regardless of whether a written answer has been
filed.
(b) In addition
to providing service of notice of hearing by mail or personal service, the
Commission shall send a copy of a notice of hearing to a respondent or
applicant by email if the respondent or applicant has provided the Commission
with their email address.
(c) The
Commission's default order shall state that the matters set forth in the notice
of hearing are deemed admitted as true, and may grant the relief requested in
the notice.
(d) A respondent or
applicant must file a written answer to the allegations in a Commission notice
of hearing with SOAH at least 10 calendar days prior to the date of the hearing
set forth in the notice (or at least 3 calendar days prior to the date of the
hearing in lottery summary suspension cases conducted pursuant to Texas
Government Code §
466.160), and must
provide the Commission a copy of the answer provided to SOAH. A general denial
of matters pleaded by the Commission in the notice shall be sufficient to
comply with this subsection.
(e) If
a respondent or applicant fails to file a written answer to a notice of hearing
as required by this section, but appears in person or through an authorized
representative on the day and at the time set for the hearing of the case, good
cause exists for the ALJ to grant a continuance to schedule an evidentiary
hearing at the request of the Commission.
(f) Following the Commission's issuance of a
default order, and upon the timely filing of a motion for rehearing by the
respondent or applicant in the contested case, the Commission, for good cause
shown, may grant rehearing and request that SOAH schedule an evidentiary
hearing in the case.
Notes
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