| (a) 1 TAC §155.501 and §155.503 (relating
to Default Proceedings and Dismissal Proceedings) (SOAH rules) apply
where a respondent fails to appear in person or through his legal
representative on the day and at the time set for hearing in a contested
case, regardless of whether an appearance has been entered and the
Board's staff moves either for dismissal of the case from SOAH's docket
or for the issuance of a default proposal for decision by the judge.
In either case, the Board shall enter a default judgment in the matter
adverse to the respondent who has failed to attend the hearing, upon
proper proof of notice to the defaulting party.
(b) For purposes of this section, a default judgment
shall mean the issuance of a final order against the respondent in
which the factual allegations against the respondent contained in
the notice sent to respondent pursuant to §157.9 of this chapter
(relating to Notice of Hearing) or the petition filed at SOAH shall
be admitted as prima facie evidence and deemed admitted as true, without
any requirement for additional proof to be submitted to the Board
prior to the Board entering the final order.
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| Source Note: The provisions of this §157.12 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective October 12, 2006, 31 TexReg 8368; amended to be effective December 4, 2012, 37 TexReg 9506; amended to be effective June 8, 2014, 39 TexReg 4254 |
