| (a) An action subject to this chapter is initiated
by the service of such notices as are required to be served under
the substantive law governing the particular proceeding. Unless other
law authorizing a different notice period is applicable to the particular
proceeding, all hearings in contested cases must be preceded by at
least 10 day notice, as required by the APA §2001.051. Credit
unions shall keep the Department informed as to their correct current
mailing address and may be served with initial process by regular,
certified, or registered mail to the address furnished the agency.
(b) If a credit union does not file a written answer
or other written responsive pleading to the notice required by subsection
(a) of this section on or before the 10th day after the date on which
the credit union was served with the notice, or if the credit union
fails to attend the hearing, the Commissioner may dispose of the case
without hearing and grant the relief set forth in the notice.
(c) The Respondent or Applicant shall enter an appearance,
with a copy to the Department, within 10 days of the date on which
the notice of hearing was served on the person. For purposes of this
section, entering an appearance means the filing of a written answer
or other responsive pleading with SOAH.
(d) SOAH rules relating to Default Proceedings (1 TAC §155.501)
and Dismissal Proceedings (1 TAC §155.501) apply when a Respondent
or Applicant fails to appear on the day and time set for the contested
case hearing. In that case, the Department may move either for dismissal
of the case from SOAH's docket or for the issuance of a default PFD
by the ALJ or remand to the Department for entry of default by the
Commission or the Commissioner, as appropriate. If the ALJ issues
an order dismissing the case from SOAH docket or issues a default
PFD, or a remand for entry of default by the Commission, the factual
allegations against the Respondent at SOAH are admitted and the Commissioner
or the Commission, as appropriate, shall enter a default order against
the Respondent. Any claims raised or applications for approval submitted
by an Applicant will be deemed denied.
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| Source Note: The provisions of this §93.205 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective July 11, 2010, 35 TexReg 5811; amended to be effective August 5, 2018, 43 TexReg 4965 |
