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RULE §29.27Failure To Attend Hearing; Informal Disposition

(a) If a respondent fails to appear in person or by authorized representative on the day and time set for hearing in the contested case, regardless of whether an appearance has been entered, the administrative law judge must enter an order abating the proceedings so that the department may informally dispose of the case by default.

(b) For purposes of this chapter, informal disposition means the removal of the matter as a contested case before the State Office of Administrative Hearings, hearing officer, or other administrative entity with jurisdiction over the case. The department will then find the respondent in default, the allegations charged will be deemed admitted, and the department will enter an order enforcing the denial, suspension, revocation, or administrative penalty that was recommended in the case.

(c) After the granting of a motion for abatement, a motion by the respondent to reopen the record may be granted if the respondent establishes that the failure to attend the hearing was neither intentional nor the result of conscious indifference.

  (1) A motion to reopen the record must be filed with the judge within five (5) days of the date of the hearing. The judge shall only grant the motion to reopen the record upon a showing of good cause for the respondent's failure to attend the hearing.

  (2) A motion to reopen the record is not a motion for rehearing and is not to be considered a motion for rehearing. The filing of a motion to reopen has no effect on either the statutory time periods for the filing of a motion for rehearing or on the time period for ruling on a motion for rehearing.

Source Note: The provisions of this §29.27 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 23, 2005, 30 TexReg 1641

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