|(a) If a respondent in an enforcement case fails to
appear in person or by legal representative on the day and at the
time set for hearing, regardless of whether an appearance has been
entered, the ALJ, pursuant to the SOAH's rules, on the motion of the
petitioner, and adequate proof that proper notice under the APA and
the SOAH rules was served upon the defaulting party, shall enter a
default judgment in the matter adverse to the respondent.
(b) A default judgment granted under this section will
be entered on the basis of the factual allegations contained in the
notice of hearing and upon proof of proper notice to the respondent.
For purposes of this section, proper notice means notice sufficient
to meet the provisions of the APA, §§2001.051, 2001.052,
and 2001.054. In order for a default judgment to be entered under
this section, the notice of hearing shall include the following language
in capital letters in 12-point boldface type: FAILURE TO APPEAR AT
THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER
AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS
CONTAINED IN THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE
PROPOSED RELIEF REQUESTED BY BOARD STAFF SHALL BE GRANTED BY DEFAULT.
|Source Note: The provisions of this §81.6 adopted to be effective January 29, 2015, 40 TexReg 380; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963