| (a) If, within twenty days after receiving a Notice
of Alleged Violation, the Respondent fails to accept the commission's
determination and recommended administrative penalty and/or sanction,
or fails to make a written request for a hearing on the determination,
the commission shall enter a default order against the Respondent,
incorporating the findings of fact and conclusions of law in the Notice
of Alleged Violation, which shall be deemed admitted.
(b) After receiving a notice proposing disapproval
of an application an Applicant may request a hearing in writing within
twenty days of receipt of the notice or forfeit the right to a hearing
unless otherwise provided by applicable law.
(c) The commission may delegate to the administrator
the commission's authority to act under Texas Occupations Code §1101.704(b)
and subsection (a) of this section.
(d) 1 TAC §155.501 and §155.503 (relating
to Default Proceedings and Dismissal Proceedings) (SOAH rules) apply
where a Respondent fails to appear on the day and time set for administrative
hearing. In that case, the commission's staff may move either for
dismissal of the case from SOAH's docket or for the issuance of a
default proposal for decision by the judge. If the judge issues an
order dismissing the case from the SOAH docket or issues a default
proposal for decision, the factual allegations against the Respondent
filed at SOAH shall be deemed admitted and the commission shall enter
a default order against the Respondent as set out in the Notice of
Hearing sent to the Respondent. No additional proof is required to
be submitted to the commission before the commission enters the final
order.
|
| Source Note: The provisions of this §533.4 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective November 29, 2012, 37 TexReg 9363 |
