(a) If a party who does not have the burden of proof
fails to appear at a contested case hearing at the State Office of
Administrative Hearings, the administrative law judge may announce
a default upon receiving the required showing of proof to support
a default, and then recess the hearing, issue an order dismissing
the case from the docket of the State Office of Administrative Hearings,
and return the file to the board for informal disposition on a default
basis in accordance with §2001.056 of the Administrative Procedure
Act. In the alternative, the judge may issue a default proposal for
decision, rather than continuing or dismissing the case and requiring
the board to dispose of the case on a default basis as an informal
disposition.
(b) If a party who does have the burden of proof fails
to appear at a contested case hearing at the State Office of Administrative
Hearings, the administrative law judge shall dismiss the case for
want of prosecution, any relevant application will be withdrawn, and
the board may not consider a subsequent petition from the party until
the first anniversary of the date of dismissal of the case.
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