Section 70.106 - Default Order(a) If any respondent to an executive director's preliminary report (EDPR) or petition initiating an enforcement action fails to timely file an answer as required by § 70.105 of this title (relating to Answer), the executive director may file a motion with the chief clerk recommending that a default order be entered against the respondent. The executive director may support the motion with such documentary evidence, including affidavits, exhibits and pleadings, and oral testimony, to demonstrate that the respondent received proper notice under § 70.103 or § 70.104 of this title (relating to Petitions Which Initiate a Cause of Action and Notice of Executive Director's Preliminary Report) of the pleading initiating the cause of action; and that the respondent failed to timely file an answer under § 70.105 of this title and that the respondent is liable for the violations asserted in the cause of action. The chief clerk will schedule the default order for consideration at a commission meeting under Chapter 10 of this title (relating to Commission Meetings). The executive director may also present documentary evidence and oral testimony regarding the amount of penalties that should be assessed against the respondent. In the motion for default order, or at the hearing on the motion, the executive director may also ask for additional penalties for violations alleged in the EDPR or petition, which have continued from the time of the filing of the EDPR or petition, up to the date of the default order. If the executive director recommends additional penalties for continuing violations, he shall briefly describe, either orally or in writing, the continuing violations and the evidence, circumstantial or otherwise, that form the basis for the allegation that the violations are in fact continuing. The commission may grant the relief recommended in the EDPR or petition, or such other amount as may be justified by the evidence presented by the executive director.(b) Even though some or all of the parties fail to appear at a contested enforcement case hearing in person or through their duly authorized representatives, the commission may consider fully and dispose of the matter pending if notice has been given in accordance with law.(c) Upon issuance of a default order, notice of such order shall be given to the respondent in accordance with Texas Government Code, § 2001.142.(d) The effective date of a default order shall be the date on which the order is signed by the commission or the executive director.30 Tex. Admin. Code § 70.106
The provisions of this §70.106 adopted to be effective June 6, 1996, 21 TexReg 4753; amended to be effective July 7, 1999, 24 TexReg 5017; Amended by Texas Register, Volume 40, Number 52, December 25, 2015, TexReg 9679, eff. 12/31/2015