: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 8	TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 157	RULES RELATING TO PRACTICE AND PROCEDURE
SUBCHAPTER B	CONTESTED CASE HEARINGS
RULE §157.11	Contested Cases; Entry of Appearance; Continuance
ISSUE	10/28/2011
ACTION	Proposed

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 of hearing [~~as provided in Tex. Occ. Code §1103.506~~].

(b)For the purposes of this section, a contested case shall mean any action that is referred by the Board to the State Office of Administrative Hearings.

(c)For purposes of this section, an entry of appearance shall mean the filing of a written answer or other responsive pleading with the State Office of Administrative Hearings.

(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 proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 14, 2011

TRD-201104368

Devon V. Bijansky

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: November 27, 2011

For further information, please call: (512) 936-3652

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