37 Tex. Admin. Code § 13.23 - Notice and Hearings
(a) Hearings
on administrative penalties are governed by Subchapter H of the Act
(§481.301 et seq.).
(b) The
department may rely on the mailing and electronic mail address and facsimile
number currently on file for all purposes relating to notification. The failure
to maintain a current mailing and electronic mail address and facsimile number
with the department is not a defense to any action based on the individual's
failure to respond. Service of notice is complete and receipt is presumed upon
the date the notice is sent, if sent before 5:00 p.m. by facsimile or
electronic mail, and 3 days following the date sent if by regular United States
mail.
(c) Following adequate notice
of a hearing on a contested case before the State Office of Administrative
Hearings (SOAH), failure of the respondent to appear at the time of hearing
shall entitle the department to request from the administrative law judge an
order dismissing the case from the SOAH docket and to informally dispose of the
case on a default basis.
(d) In
cases brought before SOAH, in the event that the respondent is adjudicated to
be in violation of the Act or this chapter after a trial on the merits, the
department has authority to assess, in addition to the penalty imposed, the
actual costs of the administrative hearing. Such costs include, but are not
limited to, investigative costs, witness fees, deposition expenses, travel
expenses of witnesses, costs of adjudication before SOAH and any other costs
that are necessary for the preparation of the department's case including the
costs of any transcriptions of testimony.
(e) The costs of transcribing the testimony
and preparing the record for an appeal by judicial review shall be paid by the
respondent.
Notes
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