Section 157.12 - Failure to Attend Hearing; Default(a) SOAH rules regarding Default Proceedings and Dismissal Proceedings apply when a respondent or applicant fails to appear on the day and time set for hearing in a contested case. If a respondent or applicant fails to appear at a contested case hearing, the Board's staff may move either for dismissal of the case from SOAH's docket or for the issuance of a default proposal for decision by the administrative law judge.(b) If the administrative law judge issues a default proposal for decision or an order dismissing the case from the SOAH docket, the factual allegations included in the notice sent to respondent or applicant are deemed admitted as true and, upon return of the case from SOAH, the Board shall enter a default order against the respondent or applicant.(c) No additional proof is required to be submitted to the Board before the Board enters the final default order.(d) The administrative law judge may award reasonable costs to the Board as authorized in § 1103.523 and § 1104.2132, Texas Occupations Code.22 Tex. Admin. Code § 157.12
The provisions of this §157.12 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective October 12, 2006, 31 TexReg 8368; amended to be effective December 4, 2012, 37 TexReg 9506; amended to be effective June 8, 2014, 39 TexReg 4254; Amended by Texas Register, Volume 40, Number 50, December 11, 2015, TexReg 8896, eff. 1/1/2016; Amended by Texas Register, Volume 42, Number 49, December 8, 2017, TexReg 6924, eff. 12/10/2017