1. (a) When required by reference to this section, a notice shall be hand-delivered, with receipt acknowledged, or mailed by certified mail, restricted delivery, return receipt requested, to the recipient's last known mailing address on file with the commission.
2. (b) A hand-delivered notice is effective when it is received. Notice that is mailed is effective on the date it is deposited into an official repository of the United States Postal Service, properly addressed, with postage prepaid.

3. (c) If the notice is for a hearing, it must be given at least 10 business days before the date of the hearing, and must include:

   1. (1) the date, time, place, and nature of the hearing;
   2. (2) a statement of the legal authority and jurisdiction under which the hearing is to be held;
   3. (3) a reference to the particular sections of the statutes and rules involved; and
   4. (4) a short and plain statement of the matters asserted.
4. (d) If the notice is of a commission order or decision, the notice shall be given no later than five business days after the date of the order or decision and shall include a copy of the order or decision.
5. (e) A person entitled to receive notice may waive that right by filing a written waiver with the executive director. That waiver may be withdrawn by written notice received by the executive director no later than five business days before the next day a notice is required under this chapter.

Source Note:The provisions of this §12.21 adopted to be effective December 31, 1993, 18 TexReg 9711.