| (a) Unless otherwise expressly set forth in the Standards
Act or this chapter, all hearings shall be held and conducted pursuant
to the applicable provisions of Government Code, Chapter 2001.
(b) Any party to a hearing may request that a record
of the hearing be made and transcribed by an independent court reporter,
other than an employee of the Department. Such request must be made
not later than seven (7) calendar days prior to the hearing. The additional
cost and expense of the independent court reporter may be assessed
against the party making the request.
(c) Notice of a hearing shall specify all state and
federal laws, rules, and regulations, including but not limited to,
if applicable, HUD regulations, that the Department believes are relevant
to any issue to be involved in the hearing.
(d) The Department may serve the notice of hearing
on the respondent at his or her last known address as shown by the
Department's records.
(e) If, after receiving notice of a hearing, a party
fails to appear in person or by representative on the day and time
set for hearing or fails to appear by telephone in accordance with
Government Code, Chapter 2001, also known as the Administrative Procedures
Act, the hearing may proceed in that party's absence and a proposal
for decision may be entered by default, accepting all facts and conclusions
of law as deemed admitted.
(f) If the administrative law judge grants a default
but does not issue a default proposal for decision and instead issues
a default order dismissing the case and returning the file to the
Department for informal disposition on a default basis in accordance
with §2001.056 of the Texas Government Code, the Executive Director
may issue a final order deeming the allegations in the Notice of Hearing
as true.
(g) Pursuant to the Administrative Procedures Act,
each party has the right to file exceptions to the Proposal for Decision
and present a brief with respect to the exceptions. All exceptions
must be filed with the Department within ten (10) business days of
the Proposal for Decision, with replies to be filed ten (10) business
days after the filing of exceptions.
(h) When an administrative hearing is held for any
matter in which the Department seeks to take action against a licensee
for violating the Standards Act or these rules, whether such action
is an action to assess administrative penalties, to require corrective
action, to require cessation of improper activities, to suspend or
revoke a license, or any combination thereof, the Department shall
assess the costs of the proceeding against any party that fails to
appear at a duly noticed administrative hearing. The costs assessed
shall be the greater of $100 or the actual costs charged to the Department
by the State Office of Administrative Hearings, the Office of the
Attorney General, any court reporter, or any other third party providing
services in connection with such hearing.
(i) The Department will seek the recovery of its costs
from any party against whom it initiates an action if that action
results in the entry of a final order taking any administrative action
against that party, including the assessment of administrative penalties,
requiring corrective action, requiring cessation of improper activities,
suspension or revocation of a license, or any combination thereof.
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