28 Tex. Admin. Code § 148.5 - Notice of Hearing
(a) Notice of Hearing.
The Chief Clerk of Proceedings shall notify the parties in writing, by
verifiable means, of the date, time, place, and nature of the hearing no later
than 10 days before the hearing date. SOAH shall notify the parties of a
hearing no later than 30 days before the hearing date for a hearing under Labor
Code §
407.046(b).
(b) Contents. The notice of hearing must
include:
(1) a statement of the time, place,
and nature of the hearing;
(2) the
docket number;
(3) the legal
authority and jurisdiction under which the hearing will be held;
(4) a reference to the particular sections of
the statutes and any rules involved;
(5) a notice regarding failure to appear and
default judgments; and
(6) a short,
plain statement of the matters asserted.
(c) Alternative Submission. In lieu of the
Chief Clerk of Proceedings, the division's representative may provide the
reference to the statutes and any rules involved, nature of the hearing, and
the short, plain statement of the matters asserted.
(d) Administrative Violation Notice of
Hearing; Default.
(1) A person who receives a
notice of hearing under §
180.8(c) of this
title (relating to Notices of Violation; Notices of Hearing; Default Judgments)
must file a written answer or other responsive pleading with the Chief Clerk of
Proceedings within 20 days of receipt of the notice as required by §
180.8(c) of this
title.
(2) Failure to file the
required answer or pleading constitutes a default, and the division may seek
informal disposition by default under §
180.8(f) and (g)
of this title.
(e)
Notice of Hearing under Labor Code §
407.046(b)
from SOAH.
(1) SOAH shall notify, in writing,
a certified self-insurer and the Chief Clerk of Proceedings of the date, time,
place, and nature of a hearing concerning the intent of the division to revoke
a certificate of self-insurance under Labor Code §
407.046.
(2) The notice must be sent no later than 30
days before the hearing date.
(3)
The notice must include:
(A) the notice
required under Government Code §
2001.052,
and
(B) a notice regarding failure
to appear and default judgment.
Notes
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