| (a) On or before the 20th day after a notice of hearing
has been served on a party in a contested case referred by the department
to SOAH, the party may file a written reply or pleading responding
to all allegations. The written reply or responsive pleading must
be filed with SOAH in accordance with 1 TAC §155.101 and must
identify the SOAH and department docket numbers as reflected on the
notice of hearing.
(b) Any party filing a reply or responsive pleading
shall serve a copy of the reply or responsive pleading on each party
or party's representative in compliance with 1 TAC §155.103.
Any party filing a reply or responsive pleading shall also provide
a copy to the department. The presumed time of receipt of served documents
is subject to 1 TAC §155.103.
(c) A party may file an amended or supplemental reply
or responsive pleading in accordance with 1 TAC §155.301.
(d) If a party properly noticed under this chapter
does not appear at the hearing, a party may request that the ALJ dismiss
the contested case from the SOAH docket. If the contested case is
dismissed from the SOAH docket, the case may be presented to the board
for disposition based on the default pursuant to 1 TAC §155.501.
The board may enter a final order finding that the allegations in
the petition are deemed admitted and granting relief in accordance
with applicable law. No later than 10 days after the hearing date,
if a final order has not been issued, a party may file a motion with
the board to set aside the default and reopen the record. The board,
for good cause shown, may grant the motion, set aside the default,
and refer the case back to SOAH for further proceedings.
|
| Source Note: The provisions of this §215.308 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
