| (a) The contents of a notice of hearing shall comport
with the requirements of the APA, the SOAH Rules of Procedure, and
Board rules.
(1) If the notice of hearing provides for at least
30 days notice to a party prior to the hearing in a contested case,
such a notice of hearing shall include the following disclosure language
set forth in capital letters and 12-point boldface type: "IF YOU DO
NOT FILE A WRITTEN ANSWER OR OTHER WRITTEN RESPONSIVE PLEADING TO
THIS NOTICE OF HEARING ON OR BEFORE THE 20TH DAY AFTER THE DATE ON
WHICH THIS NOTICE WAS MAILED TO YOU OR PERSONALLY SERVED ON YOU, THE
FACTUAL ALLEGATIONS IN THIS NOTICE COULD BE DEEMED ADMITTED, AND THE
SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING
AND MAY GRANT THE RELIEF SOUGHT IN THIS NOTICE. THE RESPONSE MUST
BE FILED IN AUSTIN, TEXAS WITH THE SECURITIES COMMISSIONER AND THE
STATE OFFICE OF ADMINISTRATIVE HEARINGS, AND ALSO SERVED ON THE STAFF
OF THE STATE SECURITIES BOARD. IF YOU FAIL TO ATTEND THE HEARING,
EVEN IF A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING HAS BEEN FILED
AND SERVED, THE FACTUAL ALLEGATIONS IN THIS NOTICE COULD BE DEEMED
ADMITTED, AND THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE
WITHOUT A HEARING AND MAY GRANT THE RELIEF SOUGHT IN THIS NOTICE."
(2) In all other circumstances, the notice of hearing
shall include the following disclosure language set forth in capital
letters and 12-point boldface type: "IF YOU FAIL TO ATTEND THE HEARING,
THE FACTUAL ALLEGATIONS IN THIS NOTICE COULD BE DEEMED ADMITTED, AND
THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING
AND MAY GRANT THE RELIEF SOUGHT IN THIS NOTICE."
(b) The notice of hearing shall also include:
(1) the mailing address where the response may be filed
with the Securities Commissioner, including the identity and contact
information of the Commissioner's Representative;
(2) the mailing address where the response may be filed
with SOAH; and
(3) the mailing address where the response may be served
on the Staff.
(c) A notice of hearing may be signed by the Director
of the Enforcement Division, the Director of the Inspections and Compliance
Division, or the Director of the Registration Division.
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