(a) The notice of hearing is governed by the Texas
Government Code, Chapter 2001; 1 Texas Administrative Code, Part 7,
Chapter 155 (relating to Rules of Procedure); and this chapter.
(b) The Texas Education Agency (TEA) staff may serve
the notice of hearing by sending it certified, return receipt requested,
and regular first-class United States mail to the party's last known
address.
(c) For purposes of this subsection, the last known
address is:
(1) the address of record of the party or the party's
authorized representative in the contested case, if any; or
(2) if the party has not made an appearance in the
contested case, the last address provided in any response to the complaint
or proposed action that is the subject of the contested case, if any;
or
(3) if the party has not provided an address in response
to the complaint or proposed action:
(A) for a certified educator, the address supplied
by the educator pursuant to §230.91(c) of this title (relating
to Procedures in General);
(B) for a certification applicant, the address provided
in the certification application; or
(C) for an examinee, the address provided in the examination
registration.
(d) While notice to the last known address is legally
sufficient, notice may also be given by regular first-class United
States mail, facsimile, email, or any other means to any other possible
address that is known to the TEA staff at the time that the notice
is sent.
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Source Note: The provisions of this §249.30 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113 |