(a) If a respondent to whom a notice of hearing with
factual allegations is served or provided fails to appear for the
hearing, the commission may proceed in the respondent's absence on
a default basis.
(b) A default proceeding under this section requires
adequate proof of the following:
(1) the notice of hearing to the respondent stated
that the allegations listed in the notice could be deemed admitted
and that the relief sought in the notice of hearing might be granted
by default against the party that fails to appear at the hearing;
(2) the notice of hearing satisfies the requirements
of sections 2001.051, 2001.052, and 571.126 of the Government Code;
and
(3) the notice of hearing was:
(A) received by the defaulting party; or
(B) as authorized by Chapter 571 of the Government
Code and this chapter, sent by regular mail or by certified mail,
restricted delivery, return receipt requested, to the party's last
known address as shown by the commission's records.
(c) In the absence of adequate proof to support a default,
the presiding officer shall continue the hearing and direct commission
staff to provide adequate notice of hearing. If adequate notice is
unable to be provided, the commission may dismiss the complaint.
(d) Upon receiving the required showing of proof to
support a default, the commission may by vote deem admitted the allegations
in the notice of hearing and issue a default decision.
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