22 Tex. Admin. Code § 851.203 - Defaults
(a) The Appointed Board
may serve the notice of hearing on the respondent by sending it to his or her
last known address as shown by the TBPG 's records.
(b) Default . If the party who does not have
the burden of proof fails to appear at a contested-case hearing at the State
Office of Administrative Hearings, the administrative law judge may issue a
default proposal for decision that can be adopted by the Appointed
Board .
(c) Failure to issue default
proposal for decision. If the administrative law judge grants a default but
does not issue a default proposal for decision and instead issues an order
dismissing the case or remanding the case back to TBPG and returning the file
to the TBPG for informal disposition on a default basis in accordance with
section
2001.056
of the Texas Government Code, the allegations in the notice of hearing will be
deemed as true and proven, and the Appointed Board will issue a final order
imposing a sanction requested in the notice of hearing.
(d) Failure to prosecute. If an applicant for
licensure fails to appear at a contested case hearing at the State Office of
Administrative Hearings, the administrative law judge must dismiss the case for
want of prosecution, any relevant application will be withdrawn, and the TBPG
may not consider a subsequent application from the party until the first
anniversary of the date of dismissal of the case at the State Office of
Administrative Hearings. If the administrative law judge dismisses the case and
returns the file to the Appointed Board for informal disposition on a default
basis in accordance with §
2001.056
of the Texas Government Code, the Appointed Board will issue a final order
referring to this rule and advising the applicant that the application was
withdrawn and the applicant may reapply for licensure one year after the date
the Appointed Board signs the final order.
(e) Applicants for licensure bear the burden
to prove fitness for licensure.
(f)
Contesting a final order issued following a default or dismissal for failure to
prosecute. In the event that the respondent or applicant wishes to contest a
final order issued following a default or dismissal for failure to prosecute,
the respondent or applicant must timely file a motion for rehearing as provided
by Chapter 2001 of the Texas Government Code, and the motion for rehearing must
show the following:
(1) the default was
neither intentional nor the result of conscious indifference;
(2) the respondent or applicant has a
meritorious case or defense;
(3) a
new hearing will not harm TBPG ; and
(4) the motion for rehearing must be
supported by affidavits and documentary evidence of the above and show a prima
facie case in the movant's favor.
Notes
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