Section 823.31 - Petition for Reopening(a) If a party fails to appear for a hearing, the hearing officer may hear and record the evidence of the party present and the witnesses, if any, and shall proceed to decide the appeal on the basis of the record unless there appears to be good reason for continuing the hearing. A copy of the decision shall be promptly mailed to the parties with an explanation of the manner in which, and time within which, a request for reopening may be submitted.(b) A party that fails to appear at a hearing may, within 14 calendar days from the date the decision is mailed, petition in writing for a new hearing before the hearing officer. The petition should identity the party requesting the reopening and explain the reason for the failure to appear. The timeliness rules in § 823.3 of this chapter (relating to Timeliness) apply to the petition. The petition shall be granted if it appears to the hearing officer that the petitioner has shown good cause for the petitioner's failure to appear at the hearing.(c) The hearing officer may schedule a hearing on whether to grant the reopening.(d) The hearing officer may deny the petition if no good cause is alleged for the party's nonappearance at the prior hearing.40 Tex. Admin. Code § 823.31
The provisions of this §823.31 adopted to be effective November 26, 2007, 32 TexReg 8546; Amended by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0609, eff. 1/25/2021