Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter E - ENFORCEMENT › Section 80.71 - Rules for Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise expressly set forth in the Standards Act or this chapter, all
				  hearings shall be held and conducted pursuant to the applicable provisions of
				  Government Code, Chapter 2001.
(b)
				  Any party to a hearing may request that a record of the hearing be made and
				  transcribed by an independent court reporter, other than an employee of the
				  Department. Such request must be made not later than seven (7) calendar days
				  prior to the hearing. The additional cost and expense of the independent court
				  reporter may be assessed against the party making the request .
(c) Notice of a hearing shall specify all
				  state and federal laws, rules, and regulations, including but not limited to,
				  if applicable, HUD regulations, that the Department believes are relevant to
				  any issue to be involved in the hearing.
(d) The Department may serve the notice of
				  hearing on the respondent at his or her last known address as shown by the
				  Department's records.
(e) If, after
				  receiving notice of a hearing, a party fails to appear in person or by
				  representative on the day and time set for hearing or fails to appear by
				  telephone in accordance with Government Code, Chapter 2001, also known as the
				  Administrative Procedures Act, the hearing may proceed in that party's absence
				  and a proposal for decision may be entered by default, accepting all facts and
				  conclusions of law as deemed admitted.
(f) If the administrative law judge grants a
				  default but does not issue a default proposal for decision and instead issues a
				  default order dismissing the case and returning the file to the Department for
				  informal disposition on a default basis in accordance with §
										RSA
				  2001.056 of the Texas Government Code, the
				  Executive Director may issue a final order deeming the allegations in the
				  Notice of Hearing as true.
(g)
				  Pursuant to the Administrative Procedures Act, each party has the right to file
				  exceptions to the Proposal for Decision and present a brief with respect to the
				  exceptions. All exceptions must be filed with the Department within ten (10)
				  business days of the Proposal for Decision, with replies to be filed ten (10)
				  business days after the filing of exceptions.
(h) When an administrative hearing is held
				  for any matter in which the Department seeks to take action against a licensee
				  for violating the Standards Act or these rules, whether such action is an
				  action to assess administrative penalties, to require corrective action, to
				  require cessation of improper activities, to suspend or revoke a license, or
				  any combination thereof, the Department shall assess the costs of the
				  proceeding against any party that fails to appear at a duly noticed
				  administrative hearing. The costs assessed shall be the greater of $100 or the
				  actual costs charged to the Department by the State Office of Administrative
				  Hearings, the Office of the Attorney General, any court reporter, or any other
				  third party providing services in connection with such hearing.
(i) The Department will seek the recovery of
				  its costs from any party against whom it initiates an action if that action
				  results in the entry of a final order taking any administrative action against
				  that party, including the assessment of administrative penalties, requiring
				  corrective action, requiring cessation of improper activities, suspension or
				  revocation of a license, or any combination thereof.