Section 105.5 - Contents of Notice of Hearing(a) The contents of a notice of hearing shall comport with the requirements of the APA, the SOAH Rules of Procedure, and Board rules. (1) If the notice of hearing provides for at least 30 days notice to a party prior to the hearing in a contested case, such a notice of hearing shall include the following disclosure language set forth in capital letters and 12-point boldface type: "IF YOU DO NOT FILE A WRITTEN ANSWER OR OTHER WRITTEN RESPONSIVE PLEADING TO THIS NOTICE OF HEARING ON OR BEFORE THE 20TH DAY AFTER THE DATE ON WHICH THIS NOTICE WAS MAILED TO YOU OR PERSONALLY SERVED ON YOU, THE FACTUAL ALLEGATIONS IN THIS NOTICE COULD BE DEEMED ADMITTED, AND THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING AND MAY GRANT THE RELIEF SOUGHT IN THIS NOTICE. THE RESPONSE MUST BE FILED IN AUSTIN, TEXAS WITH THE SECURITIES COMMISSIONER AND THE STATE OFFICE OF ADMINISTRATIVE HEARINGS, AND ALSO SERVED ON THE STAFF OF THE STATE SECURITIES BOARD. IF YOU FAIL TO ATTEND THE HEARING, EVEN IF A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING HAS BEEN FILED AND SERVED, THE FACTUAL ALLEGATIONS IN THIS NOTICE COULD BE DEEMED ADMITTED, AND THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING AND MAY GRANT THE RELIEF SOUGHT IN THIS NOTICE."(2) In all other circumstances, the notice of hearing shall include the following disclosure language set forth in capital letters and 12-point boldface type: "IF YOU FAIL TO ATTEND THE HEARING, THE FACTUAL ALLEGATIONS IN THIS NOTICE COULD BE DEEMED ADMITTED, AND THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING AND MAY GRANT THE RELIEF SOUGHT IN THIS NOTICE."(b) The notice of hearing shall also include: (1) the mailing address where the response may be filed with the Securities Commissioner, including the identity and contact information of the Commissioner's Representative;(2) the mailing address where the response may be filed with SOAH; and(3) the mailing address where the response may be served on the Staff.(c) A notice of hearing may be signed by the Director of the Enforcement Division, the Director of the Inspections and Compliance Division, or the Director of the Registration Division.7 Tex. Admin. Code § 105.5
The provisions of this §105.5 adopted to be effective April 3, 2012, 37 TexReg 2165; amended to be effective April 7, 2013, 38 TexReg 2097