- (a) Hearing Procedures. Unless otherwise expressly set forth in this chapter, the Manufactured Housing Standards Act, or conducted pursuant to an appeals process set out in an applicable state plan approved by a federal funding source, all hearings shall be held and conducted pursuant to the Administrative Procedure Act (APA), §2001, and 1 TAC Chapter 155.
- (b) Request for Hearing. The department on its own motion or on the petition of a party may request a hearing from the State Office of Administrative Hearings. A petition for a hearing by a party must be submitted within 15 calendar days of receipt of notice of the action giving rise to the request for hearing. The petition requesting a hearing shall state the specific grounds upon which the party wishes to challenge the department's action.
- (c) Notice of Hearing; Default Judgment. Service of notice of the hearing shall be provided pursuant APA §2001 and 1 TAC §155.27. Service may be made by sending the notice to the party's last known address as shown by the department's records. If, after receiving notice of a hearing, a party fails to appear in person or by representative on the day and time set for hearing or fails to appear by telephone in accordance with APA §2001, the hearing may proceed in that party's absence and a default judgment may be entered.
- (d) Exceptions. Pursuant to APA §2001, each party has the right to file exceptions to the Proposal for Decision issued by the Administrative Law Judge and present a brief with respect to the exceptions. All exceptions must be filed with the department within ten working days of the Proposal for Decision, with replies to be filed within ten working days of the filing of exceptions.
Source Note:The provisions of this §1.21 adopted to be effective November 9, 1998, 23 TexReg 11342.