Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.25 - Formal Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Formal
				  administrative hearings in contested cases shall be conducted in accordance
				  with the APA, SOAH rules, the Texas Occupations Code, and Board rules. SOAH
				  acquires jurisdiction over the case when the Board staff files a Request to
				  Docket Case Form accompanied by legible copies of all pertinent documents
				  including, but not limited to, the Formal Complaint, petition, application, or
				  other document describing the agency action giving rise to a contested
				  case.
(b) When a case has been
				  docketed before SOAH, Board staff shall provide a Notice of Hearing to all
				  parties in accordance with §
										2001.052,
				  Texas Government Code, and applicable SOAH rules.
(c) In disciplinary cases, the Respondent
				  shall enter an appearance by filing a written Answer or other responsive
				  pleading with SOAH and provide a copy to Board staff, within twenty (20) days
				  of the date on which the Notice of Hearing is served to the Respondent. For
				  purposes of this section, an entry of an appearance shall mean the filing of a
				  written Answer or other responsive pleading.
(d) The failure of the Respondent to timely
				  enter an appearance as provided in this section shall entitle the Board staff
				  to a continuance at the time of the hearing in the contested case for such
				  reasonable period of time as determined by the ALJ.
(e) The Notice of Hearing provided to a
				  Respondent for a contested case shall include the following language in capital
				  letters in 12-point boldface type: FAILURE TO ENTER AN APPEARANCE BY FILING A
				  WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING TO THE FORMAL COMPLAINT WITHIN
				  TWENTY (20) DAYS OF THE DATE THIS NOTICE WAS MAILED, SHALL ENTITLE THE STAFF TO
				  A CONTINUANCE AT THE TIME OF THE HEARING.
(f) If a Respondent fails to appear in person
				  or by attorney on the day and at the time set for hearing in a contested case,
				  regardless of whether an appearance has been entered, the ALJ, pursuant to
				  SOAH's rules, shall, upon adequate proof that proper notice under the APA and
				  SOAH rules was served upon the defaulting party, enter a default judgment in
				  the matter adverse to the Respondent. Such notice shall have included in
				  12-point, boldface type, the fact that upon failure of the party to appear at
				  the hearing, the factual allegations in the notice will be deemed admitted as
				  true and the relief sought in the proposed recommendation by the staff shall be
				  granted by default.
(g) Any default
				  judgment granted under this section will be entered on the basis of the factual
				  allegations in the Formal Complaint contained in the Notice of Hearing, and
				  upon proof of proper notice to the Respondent. For purposes of this section,
				  proper notice means notice sufficient to meet the provisions of the Texas
				  Government Code §§
										2001.051,
				  2001.052, and
				  2001.054, as well as
				  §
										107.17
				  of this title. Such Notice of Hearing also shall include the following language
				  in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING
				  IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS
				  BEEN ENTERED, WILL RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL COMPLAINT
				  BEING ADMITTED AS TRUE AND THE PROPOSED RECOMMENDATION OF STAFF SHALL BE
				  GRANTED BY DEFAULT.
(h) A Motion to
				  Vacate the Default Judgment rendered by the ALJ must be filed within ten (10)
				  days of service of Notice of the Default Judgment.
(1) The Motion to Vacate the Default Judgment
				  shall be granted if movant proves by the preponderance of the evidence that the
				  failure to attend the hearing was not intentional or the result of conscious
				  indifference, but due to accident or mistake, provided that the Respondent has
				  a meritorious defense to the factual allegations contained in the Formal
				  Complaint and granting the motion will occasion no delay or otherwise work an
				  injury to the Board.
(2) If the
				  Motion to Vacate the Default Judgment is granted, it shall be the
				  responsibility of the parties to either settle the matter informally or to
				  request a rehearing on the merits. Whenever possible, the rehearing of the case
				  shall occur with the ALJ that heard the default matter.