1. (a) A complaint filed by the board with SOAH shall include information that alleges a certificate or registration holder has committed a violation of the Act. The complaint shall be assigned a docket number and an ALJ and shall be filed before or contemporaneously with the notice of hearing. The complaint shall include:

   1. (1) a statement of the legal authority and jurisdiction under which the hearing is to be held;
   2. (2) a reference to the particular sections of the statutes and rules involved;
   3. (3) a short, plain statement of the matters asserted; and
   4. (4) the following language in at least 12-point bold type: "If you do not file a written answer to this complaint with the State Office of Administrative Hearings within 20 days of the date the complaint was mailed, the board may request the matter be remanded to the board for final disposition and all of the matters alleged in the complaint will be deemed admitted as true. A copy of any response you file with the State Office of Administrative Hearings shall also be provided to the staff attorney for the Texas State Board of Public Accountancy whose name appears on the complaint."

2. (b) The Notice of Hearing shall include:

   1. (1) a statement of the time and place of the hearing;
   2. (2) a statement of the nature of each charge against the Respondent; and
   3. (3) the following language in at least 12 point bold type: "If you fail to attend the hearing, the factual allegations contained in the complaint and any amendments to the complaint will be deemed as true, and the relief sought in the complaint and any amendments to the complaint may be granted by default and a default judgment entered against you, which may include any or all of the requested sanctions, including the revocation of your certificate or registration".
3. (c) The Respondent shall file a written answer with SOAH within 20 days of the date the complaint or amended complaint was sent to Respondent as computed under §519.3 of this title (relating to Computation of Time). The answer shall include a short, plain statement of the Respondent's defenses to each claim asserted and shall admit or deny each allegation contained in the complaint. If the Respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation, the Respondent shall so state and this has the effect of a denial. When a Respondent intends in good faith to deny only a part or a qualification of an allegation, the Respondent shall specify so much of it as is true and material and shall deny only the remainder.
4. (d) Factual and legal allegations by the board in a complaint or amended complaint are admitted when not denied in the Respondent's answer or amended answer.
5. (e) All amended pleadings shall be filed no later than 20 days prior to the hearing date. Any amended pleading filed after that date shall be null and void, and have no effect unless otherwise ordered by the ALJ, upon a showing of good cause and lack of harm to the opposing party.

Source Note:The provisions of this §519.41 adopted to be effective June 9, 2004, 29 TexReg 5629.