: 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 §157.12	Failure to Attend Hearing; Default Judgment
ISSUE	09/07/2012
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a)1 TAC §155.501 and §155.503 (relating to Default Proceedings and Dismissal Proceedings) (SOAH rules) apply where [If] a respondent fails to appear in person or through his legal representative on the day and at the time set for hearing in a contested case, regardless of whether an appearance has been entered and the board's staff moves either for dismissal of the case from SOAH's docket or for the issuance of a default proposal for decision by the judge. In either case, [~~the administrative law judge, upon motion by~~] the board[,] shall enter a default judgment in the matter adverse to the respondent who has failed to attend the hearing, upon proper proof of notice to the defaulting party.

(b)For purposes of this section, a default judgment shall mean the issuance of a final order against the respondent in which the factual allegations against the respondent contained in the notice sent to respondent pursuant to §157.9 of this chapter (relating to Notice of Hearing) or the petition filed at SOAH [ ~~complaint~~] shall be admitted as prima facie evidence and deemed admitted as true, without any requirement for additional proof to be submitted to [by] the board prior to the board entering the final order.

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 August 23, 2012

TRD-201204481

Kerri T. Galvin

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: October 7, 2012

For further information, please call: (512) 936-3576

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