(a) If a party who does not have the burden of proof
fails to appear at a contested case hearing at the State Office of
Administrative Hearings (SOAH), the administrative law judge shall
announce the default, recess the hearing, and issue a proposal for
decision. Pursuant to 1 TAC §155.501(f), the defaulting party
may file a motion with SOAH to set aside the default and reopen the
record, prior to the judge's issuance of the proposal for decision
or dispositive order.
(b) If the administrative law judge does not issue
a default proposal for decision and instead, issues an order dismissing
the case from the SOAH docket and returning the case to the agency
for informal disposition on a default basis in accordance with §2001.056
of the Texas Government Code, the board may issue a final order deeming
that Respondent has:
(1) admitted all the allegations in the notice of hearing
and formal complaint;
(2) waived the opportunity to show compliance with
the law;
(3) waived the opportunity for a hearing on the allegations
in the notice of hearing and formal complaint; and
(4) waived objection to the recommended sanction in
the notice of hearing and formal complaint.
(c) If a party who does have the burden of proof fails
to appear at a contested case hearing at SOAH, the administrative
law judge shall dismiss the case for want of prosecution, any relevant
application will be withdrawn, and the board may not consider a subsequent
petition from the party until the first anniversary of the date of
dismissal of the case.
(d) The party seeking affirmative relief bears the
burden of proof at a contested case hearing. An unlicensed individual
contesting the denial of an application or the imposition of a cease
and desist order shall bear the burden of proof at a contested case
hearing, irrespective of which party files the notice of hearing with
SOAH.
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