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 9.11 - Notice and Initiation of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) An action subject to this chapter is
				  initiated by the publication or service of such documents or notices as are
				  required to be published or served under the substantive law governing the
				  particular proceeding. Unless other law authorizing a different notice period
				  is applicable to the particular proceeding, all hearings in contested cases
				  must be preceded by at least 10 days notice, as required by Government Code,
				  §
										RSA
				  2001.051. 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
				  furnished the agency. Service of initial process on parties other than
				  licensees, registrants, charter holders, permittees, or applicants (unless
				  applicable law provides otherwise), must be made in the manner provided in the
				  Texas Rules of Civil Procedure for initiating a civil suit.
(b) Notice of a disciplinary proceeding that
				  is required to be preceded by a hearing must be signed by the agency head or
				  administrative law judge and must contain:
(1) an order to appear at a specified time,
				  date, and place;
(2) a statement of
				  the nature of the administrative action to be commenced and the authority under
				  which the administrative action is conducted;
(3) a description in plain language of the
				  specific act(s) or omission(s) asserted as grounds for the contemplated
				  administrative action;
(4) a
				  description of the remedies sought, including the penalties or consequences
				  sought to be imposed;
(5) a
				  disclosure that the respondent is entitled to:
(A) be represented by an attorney of
				  respondent's choice;
(B) directly
				  or through an attorney contest the admissibility of evidence and cross-examine
				  the witnesses against the respondent; and
(C) respond and present evidence and argument
				  in respondent's behalf pursuant to Government Code, §
												RSA
				  2001.051(2) and §
												RSA
				  2001.087;
(6) a disclosure that the failure of
				  respondent to appear at the hearing will be considered a waiver of respondent's
				  rights under paragraph (5) of this subsection;
(7) a copy of this chapter included as an
				  attachment;
(8) the name, title,
				  address, and phone number of the person handling the administrative action for
				  the agency and to whom the respondent or the respondent's attorney should
				  direct inquiries regarding additional information, detail, or further
				  discussion or negotiation in connection with the administrative action;
				  and
(9) such other information as
				  may be required under the substantive law governing the particular
				  proceeding.