1. (a) Default. If the party who does not have the burden of proof fails to appear at a contested case hearing at the State Office of Administrative Hearings, the administrative law judge must issue a default proposal for decision that can be adopted by the Board.
2. (b) Failure to issue default proposal for decision. If the administrative law judge grants a default but does not issue a default proposal for decision and instead issues a default order dismissing the case and returning the file to the Plumbing Board for informal disposition on a default basis in accordance with §2001.056 of the Texas Government Code, the Board may issue a final order deeming the allegations in the complaint as true.

3. (c) Contesting a final order issued following a default. In the event that the respondent wishes to contest a final order issued following a default, the respondent must file a motion for rehearing to set aside the final order within 20 days after issuance of that order, and this motion must show the following:

   1. (1) the failure to timely file a written answer or appear at the SOAH hearing was caused by fraud, accident, or wrongful act or mistake of the Board;
   2. (2) the failure to timely file a written answer or appear at the SOAH hearing was not the result of respondent's fault or negligence nor of respondent's representative if any;
   3. (3) the respondent has a meritorious defense; and
   4. (4) the motion for rehearing must be supported by affidavits and documentary evidence of the above and show a prima facie case for a meritorious defense.
4. (d) Failure to Prosecute. If a party who has the burden of proof fails to appear at a contested case hearing at the State Office of Administrative Hearings, the administrative law judge must dismiss the case for want of prosecution, any relevant application will be withdrawn, and the board may not consider a subsequent petition from the party until the first anniversary of the date of dismissal of the case.
5. (e) Applicants for licensure bear the burden to prove fitness for licensure.

Source Note:The provisions of this §367.15 adopted to be effective August 4, 2015, 40 TexReg 4903.