| (a) Default. A default occurs when a party who does
not have the burden of proof fails to appear for a hearing or request
a hearing within 30 days after service of notice of an opportunity
for a hearing.
(b) Default order. Upon default, the presiding officer
may issue a default order - either a proposal for decision or a final
order - disposing of the proceeding without a hearing. A default order
requires adequate proof that:
(1) The notice of the opportunity for a hearing included
a disclosure in at least twelve-point, bold-face type, that the factual
allegations listed in the notice could be deemed admitted, and the
relief sought in the notice of hearing might be granted by default,
if the defaulting party fails to timely request a hearing; and
(2) The notice of opportunity for a hearing was sent
by certified mail to:
(A) the party’s last known address in the commission’s
records, if the party has a license, certificate, or registration
approved by the commission;
(B) the registered agent for process for the party
on file with the Secretary of State, if the party does not have a
license, certificate, or registration approved by the commission and
is registered with the Secretary of State; or
(C) an address for the party identified after reasonable
investigation, if subparagraphs (A) and (B) of this paragraph do not
apply.
(c) Exceptions and replies. Any party may file exceptions
to a default proposal for decision and replies to exceptions under §22.261(d)
of this title (relating to Proposals for Decision).
(d) Motions for rehearing. Any party may file a motion
for rehearing to a default final order under §22.264 of this
title (relating to Rehearing).
(e) Late hearing request. If a party requests a hearing
after the deadline to request a hearing, but before a default order
has become final, the presiding officer may grant the request for
good cause shown.
|
| Source Note: The provisions of this §22.183 adopted to be effective February 20, 2008, 33 TexReg 1321; amended to be effective September 28, 2011, 36 TexReg 6263; amended to be effective December 4, 2016, 41 TexReg 9472 |
