40 Tex. Admin. Code § 819.196 - Default

Current through Reg. 46, No. 53; December 31, 2021

If a party to whom a notice of hearing is served or provided under this section fails to appear for hearing, the hearing officer may proceed in that party's absence on a default basis. If a proposal for decision or final decision is issued, the factual allegations listed in the notice of hearing may be deemed admitted. If a party fails to appear at a hearing, the hearing officer will issue a notice of default to that party. A party may file a motion no later than 15 calendar days after the notice of default is mailed to set aside a default announced at the hearing and to reopen the record. If a timely motion to set aside a default is filed, the hearing officer may grant the motion, set aside the default, and reopen the hearing for good cause shown, or in the interests of justice.

Notes

40 Tex. Admin. Code § 819.196
The provisions of this §819.196 adopted to be effective September 27, 2005, 30 TexReg 6065; Adopted by Texas Register, Volume 41, Number 31, July 29, 2016, TexReg 5564, eff. August 1, 2016

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