Section 533.4 - Failure to Answer, Failure to Attend Hearing and Default(a) If, not later than the 30th day after the date a Notice of Alleged Violation is sent, the respondent fails to accept the Commission's determination and recommended sanctions, or fails to make a written request for a hearing on the determination, the Commission shall enter a default order against the respondent, incorporating the findings of fact and conclusions of law in the Notice of Alleged Violation, which shall be deemed admitted.(b) The Commission may delegate to the Executive Director the Commission's authority to act under Texas Occupations Code, § 1101.704(b) and subsection (a) of this section.(c) SOAH rules relating to Default Proceedings and Dismissal Proceedings apply when a respondent or applicant fails to appear on the day and time set for administrative hearing. In that case, the Commission'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. If the administrative law judge issues an order dismissing the case from the SOAH docket or issues a default Proposal for Decision, the factual allegations against the respondent or applicant filed at SOAH are admitted and the Commission shall enter a default order against the respondent or applicant as set out in the Notice of Hearing sent to the respondent or applicant. No additional proof is required to be submitted to the Commission before the Commission enters the final order.22 Tex. Admin. Code § 533.4
The provisions of this §533.4 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective November 29, 2012, 37 TexReg 9363; amended to be effective September 8, 2014, 39 TexReg 7139; Amended by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3359, eff. 5/28/2018; Amended by Texas Register, Volume 47, Number 20, May 20, 2022, TexReg 3051, eff. 5/25/2022