Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter E - HEARINGS-CONTESTED CASES AND JUDICIAL REVIEW › Section 851.203 - Defaults

Current through Reg. 49, No. 28; July 12, 2024
(a) The Appointed
				  Board may serve the notice of hearing on the respondent by sending it to his or
				  her last known address as shown by the TBPG's records.
(b) Default. If the party who does not have
				  the burden of proof fails to appear at a contested-case hearing at the State
				  Office of Administrative Hearings, the administrative law judge may issue a
				  default proposal for decision that can be adopted by the Appointed
				  Board.
(c) Failure to issue default
				  proposal for decision. If the administrative law judge grants a default but
				  does not issue a default proposal for decision and instead issues an order
				  dismissing the case or remanding the case back to TBPG and returning the file
				  to the TBPG for informal disposition on a default basis in accordance with
				  section
				  2001.056
				  of the Texas Government Code, the allegations in the notice of hearing will be
				  deemed as true and proven, and the Appointed Board will issue a final order
				  imposing a sanction requested in the notice of hearing.
(d) Failure to prosecute. If an applicant for
				  licensure fails to appear at a contested case hearing at the State Office of
				  Administrative Hearings, the administrative law judge must dismiss the case for
				  want of prosecution, any relevant application will be withdrawn, and the TBPG
				  may not consider a subsequent application from the party until the first
				  anniversary of the date of dismissal of the case at the State Office of
				  Administrative Hearings. If the administrative law judge dismisses the case and
				  returns the file to the Appointed Board for informal disposition on a default
				  basis in accordance with §
										2001.056
				  of the Texas Government Code, the Appointed Board will issue a final order
				  referring to this rule and advising the applicant that the application was
				  withdrawn and the applicant may reapply for licensure one year after the date
				  the Appointed Board signs the final order.
(e) Applicants for licensure bear the burden
				  to prove fitness for licensure.
(f)
				  Contesting a final order issued following a default or dismissal for failure to
				  prosecute. In the event that the respondent or applicant wishes to contest a
				  final order issued following a default or dismissal for failure to prosecute,
				  the respondent or applicant must timely file a motion for rehearing as provided
				  by Chapter 2001 of the Texas Government Code, and the motion for rehearing must
				  show the following:
(1) the default was
				  neither intentional nor the result of conscious indifference;
(2) the respondent or applicant has a
				  meritorious case or defense;
(3) a
				  new hearing will not harm TBPG; and
(4) the motion for rehearing must be
				  supported by affidavits and documentary evidence of the above and show a prima
				  facie case in the movant's favor.