(a)SOAH rules regarding Default Proceedings and
Dismissal Proceedings [1 TAC §155.501 and §155.503
(relating to Default Proceedings and Dismissal Proceedings) (SOAH
rules)] apply when [where] a respondent
or applicant fails to appear [in person or through his
legal representative] on the day and [at the] time
set for hearing in a contested case. If a respondent or applicant
fails to appear at a contested case hearing, [regardless
of whether an appearance has been entered and] the Board's staff
may move [moves] either for dismissal of the case
from SOAH's docket or for the issuance of a default proposal for decision
by the administrative law judge. [In either case,
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)If the administrative law judge issues a default
proposal for decision or an order dismissing the case from the SOAH
docket, the factual allegations included in the notice sent to respondent
or applicant are deemed admitted as true and, upon return of the case
from SOAH, the Board shall enter a default order against the respondent
or applicant. [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 shall
be admitted as prima facie evidence and deemed admitted as true, without
any requirement for additional proof to be submitted to the Board
prior to the Board entering the final order]
(c)No additional proof is required
to be submitted to the Board before the Board enters the final default
order.
The agency certifies that legal counsel has reviewed
the proposal and found it to be
within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on August 18, 2015
TRD-201503200 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 4, 2015
For further information, please call: (512) 936-3652
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