Section 519.42 - Administrative Hearings(a) When a contested case has been docketed with SOAH, the board will provide the respondent and relevant parties with a Notice of Hearing and Complaint in accordance with § 2001.052 of the Texas Government Code and applicable SOAH rules.(b) The respondent and/or their relevant parties shall enter an appearance, with a copy to the board, within 20 days of the date on which the notice of hearing and complaint was served on the respondent and/or their relevant parties.(c) For purposes of this section, entering an appearance means the filing of a written answer or other responsive pleading with SOAH.(d) The failure by the respondent to timely enter an appearance as provided in this section shall entitle the petitioner to motion the administrative court to dismiss the proceeding and permit the board to informally dispose of the case by default.(e) The notice of hearing and complaint shall include the following language in capital letters in at least 12-point boldface type: "YOU MUST ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR RESPONSE TO THE ALLEGATIONS CONTAINED IN THIS NOTICE WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED. YOUR FAILURE TO DO SO SHALL ENTITLE THE BOARD TO REQUEST THE DISMISSAL OF THE CASE AND TO INFORMALLY DISPOSE OF THIS CASE BY DEFAULT. THE ALLEGATIONS AGAINST YOU WILL BE DEEMED ADMITTED AND AN ORDER ENFORCING THE ACTION WILL BE ENTERED BY THE BOARD."(f) A motion to vacate a default judgment rendered by the ALJ must be filed within 10 days of the service of notice of the default judgment.22 Tex. Admin. Code § 519.42
The provisions of this §519.42 adopted to be effective February 9, 2012, 37 TexReg 494; amended to be effective February 6, 2013, 38 TexReg 499