Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 157RULES RELATING TO PRACTICE AND PROCEDURE
SUBCHAPTER BCONTESTED CASE HEARINGS
RULE §157.11Contested Cases; Entry of Appearance; Continuance
ISSUE 12/23/2005
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)When a contested case has been instituted, the respondent or the representative of the respondent shall enter an appearance not later than 20 days after the date of receipt of notice as provided in §12A of the Act.

(b)For the purposes of this section, a contested case shall mean any action that is referred by the board to the agency's administrative law judge.

(c)For purposes of this section, an entry of appearance shall mean the filing of a written answer or other responsive pleading with the agency's administrative law judge.

(d)The filing of an untimely appearance by a party, or entering an appearance at the contested case hearing entitles the board to a continuance of the hearing in the contested case at the board's discretion for such a reasonable period of time as determined by the administrative law judge, but not for a period of less than 20 days. For purposes of this section, an untimely appearance is an appearance not entered within 20 days of the date the respondent has received notice.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 9, 2005

TRD-200505713

Wayne Thorburn

Commissioner

Texas Appraiser Licensing and Certification Board

Effective date: December 29, 2005

Proposal publication date: September 23, 2005

For further information, please call: (512) 465-3950



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