: 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
ISSUE	12/08/2017
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)SOAH rules regarding Default Proceedings and Dismissal Proceedings apply when a respondent or applicant fails to appear on the day and time set for hearing in a contested case. If a respondent or applicant fails to appear at a contested case hearing, the Board's staff may move 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.

(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.

(c)No additional proof is required to be submitted to the Board before the Board enters the final default order.

(d)The administrative law judge may award reasonable costs to the Board as authorized in §1103.523 and §1104.2132, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017

TRD-201704732

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

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

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