(a) If a respondent fails to appear in person or by
authorized representative on the day and time set for hearing in the
contested case, the department will ask the judge to dismiss the case
from the docket and remand it to the department to informally dispose
of the case by default.
(b) For purposes of this chapter, informal disposition
means the removal of the matter as a contested case before SOAH, hearing
officer, or other administrative entity with jurisdiction over the
case. After the time period to contest the order of dismissal issued
by the ALJ expires and the case is remanded to the department, the
department will notify the respondent of the dismissal and the effective
date of the administrative action.
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Source Note: The provisions of this §29.27 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 23, 2005, 30 TexReg 1641; amended to be effective March 8, 2021, 46 TexReg 1511 |