|(a) Hearings on administrative penalties are governed
by Subchapter H of the Act (§481.301 et seq.).
(b) The department may rely on the mailing and electronic
mail address and facsimile number currently on file for all purposes
relating to notification. The failure to maintain a current mailing
and electronic mail address and facsimile number with the department
is not a defense to any action based on the individual's failure to
respond. Service of notice is complete and receipt is presumed upon
the date the notice is sent, if sent before 5:00 p.m. by facsimile
or electronic mail, and 3 days following the date sent if by regular
United States mail.
(c) Following adequate notice of a hearing on a contested
case before the State Office of Administrative Hearings (SOAH), failure
of the respondent to appear at the time of hearing shall entitle the
department to request from the administrative law judge an order dismissing
the case from the SOAH docket and to informally dispose of the case
on a default basis.
(d) In cases brought before SOAH, in the event that
the respondent is adjudicated to be in violation of the Act or this
chapter after a trial on the merits, the department has authority
to assess, in addition to the penalty imposed, the actual costs of
the administrative hearing. Such costs include, but are not limited
to, investigative costs, witness fees, deposition expenses, travel
expenses of witnesses, costs of adjudication before SOAH and any other
costs that are necessary for the preparation of the department's case
including the costs of any transcriptions of testimony.
(e) The costs of transcribing the testimony and preparing
the record for an appeal by judicial review shall be paid by the respondent.