Current through Reg. 50, No. 13; March 28, 2025
(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 §
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 §
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 §
155.501(relating to Failure to Attend Hearings and 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 §
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, §
2001.056 and §
2001.058(d-1).
(5) Final order after default. If the administrative law judge issues an order of default dismissal that provides the defaulting party with adequate notice and opportunity to set aside the default under 1 TAC §
155.501(e) and the case is remanded to the agency, 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.
