Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.12 - Default

Current through Reg. 49, No. 28; July 12, 2024
(a) In-house
				  hearings. In a hearing conducted by an administrative law judge employed or
				  contracted by an agency, if, after served with notice in compliance with §
										RSA
				  9.11 of this title (relating to Notice and
				  Initiation of Proceedings), a party fails to attend a hearing, the
				  administrative law judge may proceed in that party's absence and, where
				  appropriate, may issue a proposal for decision against that party. The proposal
				  for decision shall be served upon the defaulting party and the party will be
				  afforded the opportunity to contest the law as stated in the proposal for
				  decision, but shall be deemed to have waived the right to contest the evidence,
				  cross-examine the witnesses, and present an affirmative case or defense. In the
				  alternative, an agency may informally dispose of the matter as permitted by
				  §
										RSA
				  2001.056 of the Texas Government Code,
				  without the necessity of a hearing.
(b) SOAH hearings. In a hearing conducted by
				  the State Office of Administrative Hearings (SOAH), the agency may request that
				  the administrative law judge make a finding of default under 1 TAC §
										RSA
				  155.501(relating to Default Proceedings).
(1) Service of notice of hearing. A notice of
				  hearing may be served to the party's last known address. Applicants and holders
				  of licenses, registrations, charters, and permits shall keep the agency
				  informed as to their correct current mailing addresses and may be served with
				  initial process by registered or certified mail, return receipt requested, to
				  the address provided to the agency.
(2) Adequate proof of notice of hearing. At
				  the time of the request, the agency must present adequate proof to the
				  administrative law judge that the agency properly served the party with the
				  notice of hearing, as required by 1 TAC §
											RSA
				  155.501(b).
(3) Effect of default. If the administrative
				  law judge receives the required showing of proof to support a default, the
				  allegations contained in the notice of hearing may be deemed admitted, and the
				  relief sought in the notice may be granted with respect to any party given
				  proper notice of the hearing.
(4)
				  Disposing of default case. The agency may request that the administrative law
				  judge dismiss the case from the SOAH docket and remand it to the agency for
				  informal disposition as permitted by Texas Government Code, §
											RSA
				  2001.056 and §
											RSA
				  2001.058(d-1).
(5) Final order after default. If the
				  administrative law judge issues a conditional order of dismissal and remand
				  that provides the defaulting party with adequate notice and opportunity to set
				  aside the default under 1 TAC §
											RSA
				  155.501(e) and the
				  conditional order of dismissal and remand has become final, the agency may
				  issue a final order that:
(A) finds that the
				  agency served the party with a notice of hearing stating that if the party
				  failed to attend the hearing, then the allegations contained in the notice of
				  hearing could be deemed admitted, and the relief sought might be granted;
(B) describes how the notice of
				  hearing was served on the party;
(C) finds that the party failed to attend the
				  hearing;
(D) finds that the
				  allegations described in the notice are deemed admitted;
(E) concludes that the party has defaulted as
				  a matter of law; and
(F) grants
				  the relief described in the notice of hearing.