(a) When a contested case has been docketed with SOAH,
the board will provide the respondent and relevant parties with a
Notice of Hearing and Complaint in accordance with §2001.052
of the Texas Government Code and applicable SOAH rules.
(b) The respondent and/or their relevant parties shall
enter an appearance, with a copy to the board, within 20 days of the
date on which the notice of hearing and complaint was served on the
respondent and/or their relevant parties.
(c) For purposes of this section, entering an appearance
means the filing of a written answer or other responsive pleading
with SOAH.
(d) The failure by the respondent to timely enter an
appearance as provided in this section shall entitle the petitioner
to motion the administrative court to dismiss the proceeding and permit
the board to informally dispose of the case by default.
(e) The notice of hearing and complaint shall include
the following language in capital letters in at least 12-point boldface
type: "YOU MUST ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR
RESPONSE TO THE ALLEGATIONS CONTAINED IN THIS NOTICE WITHIN 20 DAYS
OF THE DATE THIS NOTICE WAS MAILED. YOUR FAILURE TO DO SO SHALL ENTITLE
THE BOARD TO REQUEST THE DISMISSAL OF THE CASE AND TO INFORMALLY DISPOSE
OF THIS CASE BY DEFAULT. THE ALLEGATIONS AGAINST YOU WILL BE DEEMED
ADMITTED AND AN ORDER ENFORCING THE ACTION WILL BE ENTERED BY THE
BOARD."
(f) A motion to vacate a default judgment rendered
by the ALJ must be filed within 10 days of the service of notice of
the default judgment.
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