| (a) The Commission may dispose of a contested case
by default if a State Office of Administrative Hearings (SOAH) administrative
law judge (ALJ) remands the case to the Commission for informal disposition
upon proof that adequate and sufficient notice of hearing was mailed
to, or personally served on, the respondent or applicant, and the
respondent or applicant failed to either:
(1) file a written answer to a notice of hearing in
accordance with subsection (d) of this section; or
(2) appear in person or through an authorized representative
on the day and at the time set for the hearing of the case, regardless
of whether a written answer has been filed.
(b) In addition to providing service of notice of hearing
by mail or personal service, the Commission shall send a copy of a
notice of hearing to a respondent or applicant by email if the respondent
or applicant has provided the Commission with their email address.
(c) The Commission's default order shall state that
the matters set forth in the notice of hearing are deemed admitted
as true, and may grant the relief requested in the notice.
(d) A respondent or applicant must file a written answer
to the allegations in a Commission notice of hearing with SOAH at
least 10 calendar days prior to the date of the hearing set forth
in the notice (or at least 3 calendar days prior to the date of the
hearing in lottery summary suspension cases conducted pursuant to
Texas Government Code §466.160), and must provide the Commission
a copy of the answer provided to SOAH. A general denial of matters
pleaded by the Commission in the notice shall be sufficient to comply
with this subsection.
(e) If a respondent or applicant fails to file a written
answer to a notice of hearing as required by this section, but appears
in person or through an authorized representative on the day and at
the time set for the hearing of the case, good cause exists for the
ALJ to grant a continuance to schedule an evidentiary hearing at the
request of the Commission.
(f) Following the Commission's issuance of a default
order, and upon the timely filing of a motion for rehearing by the
respondent or applicant in the contested case, the Commission, for
good cause shown, may grant rehearing and request that SOAH schedule
an evidentiary hearing in the case.
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