(a)The notice of hearing must comply with Chapter
2001, Texas Government Code.
(b)The notice of hearing shall be served not later
than the 30th day before the hearing date.
(c)Service of notice of hearing must be made in the
manner prescribed by Chapter 2001, Texas Government Code, and the
rules of the State Office of Administrative Hearings. Notice to a
person who is a current license holder or applicant of the Board is [
shall be] complete and effective if sent by certified mail,
return receipt requested, to the respondent’s [respondent
] or applicant’s mailing or email [applicant
at his or her most recent] address as shown in the Board’s
records and sent by: [by the records of the Board.]
(1)electronic mail;
(2)first class mail; or
(3)certified mail, return receipt
requested.
(d)Mailbox rule.
(1)Service by mail is [shall
be] complete upon deposit of the notice [document
in question] in a prepaid, [post paid]
properly addressed envelope in a post office or [of]
official depository under the care and custody of the United States
Postal Service.
(2)Service by electronic mail is
complete upon sending an email to the respondent’s or applicant’s
email address as shown in the Board’s records.
(3)Presumption of receipt. Unless
proven by evidence submitted to the contrary, a rebuttable presumption
that respondent or applicant received proper notice from the Board
will arise:
(A)immediately after sending electronic mail to the
respondent’s or applicant’s email address as shown in
the Board’s records;
(B)three business days after the date the notice is
deposited with the United States Postal service as required in this
section.
(4)Failure to claim or refusal of
properly addressed certified or registered mail does not support a
finding of nonreceipt.
(e)[(d)] The notice must [
shall] include the following language in capital letters in
boldface type: FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE
ALLEGATIONS AGAINST YOU SET OUT IN THE COMPLAINT BEING ADMITTED AS
TRUE AND A DEFAULT JUDGMENT BEING TAKEN AGAINST YOU.
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 15, 2017
TRD-201703146 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 1, 2017
For further information, please call: (512) 936-3652
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