1. (a) A contested case shall mean any action that is referred by the Enforcement Committee or the Board to the State Office of Administrative Hearings.

2. (b) Respondent means:

   1. (1) a person in a contested case charged with a violation of the Plumbing License or Board Rules; or
   2. (2) an applicant who has been denied a license, registration or endorsement by the Enforcement Committee.

3. (c) The Board shall provide for a hearing at the State Office of Administrative Hearings, when requested by a Respondent, after issuing a formal complaint that:

   1. (1) charges an individual with any violation of the Plumbing License Law or Board Rules; or
   2. (2) would prevent an otherwise qualified individual from obtaining or renewing a license, registration, or endorsement, or taking an examination.
4. (d) The Board shall conduct the hearing in accordance with all applicable provisions of the Administrative Procedure Act.

5. (e) The Board shall give reasonable notice of the hearing to the Respondent of not less than 10 days before the hearing. In addition to any requirements of the Administrative Procedure Act, related to notice of hearing, the Board shall:

   1. (1) mail the notice to the last known address provided to the Board by the Respondent via regular and certified mail;
   2. (2) state in the notice that all parties will have the opportunity to respond to and present evidence and argument on all issues involved and to be represented by legal counsel; and
   3. (3) shall include the following language in capital letters in bold face type: FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE ALLEGATIONS AGAINST YOU SET OUT IN THE COMPLAINT BEING ADMITTED AS TRUE.
6. (f) After proper notice of the hearing, if a respondent fails to appear in person or through their legal representative on the day and at the time set for hearing in a contested case, regardless of whether a written answer or other responsive pleading has been filed with the Board or the State Office of Administrative Hearings, the Administrative Law Judge, upon motion by the Board, shall enter a default judgment in the matter adverse to the Respondent who has failed to attend the hearing.
7. (g) For purposes of this section, default judgment shall mean the issuance of a proposal for decision against the Respondent in which the factual allegations against the Respondent contained in the Complaint shall be admitted as prima facie evidence, and deemed admitted as true, without any requirement for additional proof to be submitted by the Board.
8. (h) Following the hearing, the Administrative Law Judge shall make findings of fact and conclusions of law and promptly issue a Proposal for Decision on the matter to the Board, with a copy sent to the Respondent.
9. (i) The Administrative Law Judge shall allow no more than 15 days from the date that the Proposal for Decision is served for any party to file exceptions to the Proposal for Decision. The Proposal for Decision is considered served on the day that the Proposal for Decision is sent to all parties by the Administrative Law judge.
10. (j) Following the Board's consideration of the Proposal for Decision, the Board shall issue an order stating its final decision on the matter.

11. (k) The Enforcement Committee shall provide notice to the Respondent of the Board's order and include a statement of the Respondent's right to judicial appeal of the order. The Respondent may:

    1. (1) pay the penalty; or
    2. (2) file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.

Source Note:The provisions of this §367.14 adopted to be effective August 11, 2004, 29 TexReg 7703.