| (a) The notice of hearing must comply with Chapter
2001, Texas Government Code.
(b) The notice of hearing shall be served not later
than the 30th day before the hearing date.
(c) Service of notice of hearing must be made in the
manner prescribed by Chapter 2001, Texas Government Code, and the
rules of the State Office of Administrative Hearings. Notice to a
person who is a current license holder or applicant of the Board is
complete and effective if sent by certified mail, return receipt requested,
to the respondent's or applicant's mailing or email address as shown
in the Board's records and sent by:
(1) electronic mail;
(2) first class mail; or
(3) certified mail, return receipt requested.
(d) Mailbox rule.
(1) Service by mail is complete upon deposit of the
notice in a prepaid, properly addressed envelope in a post office
or official depository under the care and custody of the United States
Postal Service.
(2) Service by electronic mail is complete upon sending
an email to the respondent's or applicant's email address as shown
in the Board's records.
(3) Presumption of receipt. Unless proven by evidence
submitted to the contrary, a rebuttable presumption that respondent
or applicant received proper notice from the Board will arise:
(A) immediately after sending electronic mail to the
respondent's or applicant's email address as shown in the Board's
records;
(B) three business days after the date the notice is
deposited with the United States Postal service as required in this
section.
(4) Failure to claim or refusal of properly addressed
certified or registered mail does not support a finding of nonreceipt.
(e) The notice must include the following language
in capital letters in boldface type: FAILURE TO APPEAR AT THE HEARING
WILL RESULT IN THE ALLEGATIONS AGAINST YOU SET OUT IN THE COMPLAINT
BEING ADMITTED AS TRUE AND A DEFAULT JUDGMENT BEING TAKEN AGAINST
YOU.
|
| Source Note: The provisions of this §157.9 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 17, 2001, 26 TexReg 10278; amended to be effective June 16, 2011, 36 TexReg 3595; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective January 1, 2016, 40 TexReg 8896; amended to be effective December 10, 2017, 42 TexReg 6924 |
