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 §157.12Failure to Attend Hearing; Default Judgment
ISSUE 12/22/2000
ACTION Proposed
Preamble Texas Admin Code Rule
(a)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, 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 proposal for decision against the respondent in which the factual allegations against the respondent contained in the complaint shall be admitted as prima facie evidence and deemed admitted as true, without any requirement for additional proof to be submitted by the board.

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 December 11, 2000

TRD-200008619

Renil C. Linér

Commissioner

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: January 21, 2001

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

 

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